LUTC PKT 12-15-2003MEETING AGENDA
2.
3.
4.
o
CALL TO ORDER
Approval of Minutes of the November 17, 2003, meeting
PUBLIC COMMENT (3 minutes)
BUSINESS ITEMS
A. I-5 Access Study Presentation
B. Big Box Retail in City Center
C. Colella Estates Preliminary Plat
D. Work Program Progress Report
FUTURE ME,rINGS/AGENDA ITEMS
AD3OURN
Information Zukowski/15 min
Information Doherty/10 min
Action Michaelson/10 min
Information McClung/10 min
Committee Members
EHc Fa/son, Cha/r
Dean filcCo/gan
tVichae/ Park
K:\LUTC Agendas and summaries 2003\December 15, 2003, LUTC Agenda, doc
City Staff
Kathy I~IcClung, D/rector, Community Development 5ervJce~
Sandy L y/e, Admini~rat/ve A~/stant
253.661.4116
November 17, 2003
5:30 p.m.
City of Federal Way
City Council
Land Use/Transportation Committee
CitY Ha I
Council ChamberS
MEETING MINUTES
In attendance: Committee members Eric Faison, Chair, and Deputy Mayor Dean McColgan; Mayor Jeanne
Burbidge; Council Members Mary Gates, Linda Kochmar and Jack Dovey; City Manager David Mosely; Director of
Community Development Services Kathy McClung; Director of Public Works Cary Roe; Management Services
Director Iwen Wang; Deputy Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; City
Attorney Pat Richardson; Attorney Karen Kirkpatrick; Administrative Assistant Sandy Lyle.
1. CALL TO ORDER
Chair Faison called the meeting to order at 5:29 pm.
2. APPROVAL OF MEETING MINUTES
The minutes of the November 3, 2003, meeting were approved as presented.
3. PUBLIC COMMENT
There was no public comment on any item not included in the agenda.
4. BUSINESS ITEMS
A. 2004 Right of Way Landscaping Maintenance Contract - Authorization to Bid - With the
completion of the Pacific Highway South Phase I and South 324th Street Projects, both projects must be
added to the landscape maintenance contract. The Committee M/S/C that the City Council authorize bids
for the 2004 Right-of-Way Landscape Maintenance Contract to include newly completed street projects.
The approved budget for the 2004 Right-of-Way Landscape Maintenance Contract is $160,000.
B. 14th Avenue South/South 312th Street Traffic Signal Project 100% Design Approval/Authorization
to Bid - There have been approximately ten vehicle collisions at the intersection of 14th Avenue South and
South 312t~ Street (behind and beside QFC and Albertsons). The intersection meets warrants for a
complete traffic signal. The proposed project will include modifying and adding to the existing pedestrian
signal to allow traffic on 14th Avenue South and the private QFC driveway to actuate the signal. This new
signal will be interconnected and coordinated with signats at SR99 and 8t' Avenue South at South 312th
Street. Total project expenditure is expected to be S184,799.27 with ~, current available budget of $164,81:3.
A budget shortfall of S19,986.27 would be created Staff expects ~*, Iow bid in ti~e current competitive bidding
ciimate Should that not occur, funds to cover the proposed pro?::t v,.,i',] be requested from unappropriated
Streets Capita! funds The Committee L~/S/C rec~?,~no:~,:!:~t ~ to tl~n City Co~ncil of approval of the100%
design plans for the ~,!:: Av(.~u(~ S)tJti~ Lu~(J So~ti! ~ 2"' hl.t~ .;~t TI ~ffic Si[ti'4~i P;oject and to authorize staff to
hid the projectwittnr~rehuntot!;eGitvOotmrsi]fr)' ~;tln~?itvtqav.'srdther;ro,~cttothelowestresponsive,
responsible bidder
CITY OF
Federal Way
DATE:
TO:
FROM:
VIA:
SUBJECT:
December 15, 2003
Eric Faison, Chair
Land Use and Transportation Committee
Maryanne Zukowski, P.E. ,_,x~/.
David H. Mo~aI~/ger
"1~5 TO CITY CENTER ACCESS STUDY" BRIEFING REPORT
BACKGROUND:
The City of Federal Way has contracted with the consulting firm of CH2M Hill to perform a feasibility study
to determine viable access solutions to the congested interchange at S. 320th Street and Interstate 5. South of
320th Street, WSDOT has classified Interstate 5 as a High Accident Corridor (HAC). WSDOT has also
classified the interchange at South 320th Street as a High Accident Location (HAL). This location is
experiencing significant congestion for many hours of the day and is currently at capacity.
If a successful and viable solution is found, Federal Way will proceed in developing an Access Point Decision
Report (APDR) to submit to WSDOT. With City and State approval, the report would go to the Federal
Highway Administration (FHWA). An APDR is the initial step required by the FHWA before changing an
interstate highway interchange. The estimated project schedule is 15 months for completion of the study.
PROJECT LOCATION/STUDY AREA:
The Study Area is generally defined as:
· The Interstate 5 mainline between SR 18 and S 272''d Street
· The ramp termini intersections
· An area including thc City Center bounded by SR 99 to the west
· An extended corridor off-set and parallel %_ mile east of I-5 to the east
· S 272"d Street to the north and S 348th Street to the south.
Please see the attached vicinity map with those designated in EXHIBIT AA.
PROJECT UPDATE AND ItlGHI,IGHTS:
· The consultant contract was awarded November 10, 2003 to thc consulting firm of CIt2M Ilill.
· Staff is organizing targeted public involvcmcnl 1o gain neighborhood representation and source links
of communication tbr thc project. Stakeholder representatives of neighborhood groups ~vill
participate in formal intbrmation sessions. An area map showing the proposed neighborhoods is
attached as EXltlBIT BB.
· Staffand CI t2M I lill are cun'ently working on ll~e agency participation groups for the "Suppor!
Group", "Advisory Committee", and "Stakeholder" members that will be reviewed by WSDOT on
December 16, 2003. EXHIBIT CC.
· Staffand the consultant will be meeting with WSDOT on December 16, 2003 to present an
"invitational information summary of the project". The agenda items are:
· Communication and coordination plan for projects m the study area.
· Revised Draft Work Plan: EXItlBIT DD
· Draft Purpose and Need Statement: EXItlBIT EE
· Draft prOJect Issues Map: EXHIBIT FF
RECOMMENDATION/INFORMATION:
Staff plans the following LUTC and Council updates to begin January 2004:
Initial Council Briefing: Prepare and deliver a one hour Council briefing open to the public and
stakeholders on the topic of access justification. This will be presented to Council and other
'interested parties in cooperation with WSDOT staff. This presentation will provide Council an
overview of the project study, a basic understanding of the policy points that FHWA requires to be
addressed, and the various levels of approvals.
Additional Council Briefings and Public Meetings: The consultant will prepare for and attend up
to two public open house meetings, three meetings with the LUTC, and up to three meetings with the
full City Council. These meetings will ideally be in study session format to outline the project for the
benefit of the Council and to respond to items of interest. It is expected that these meetings would:
1. ReView the overall work plan process
2. Provide input on potential access solutions; and
3. Provide discussion ora preliminary preferred option
A1)I)ROVAI, OF CO,MbIITTI']E R.I';I)OI~,T:
Eric Faison, C'hair
Dean McColgan, Member
Michael Park, Member .
MAZ:kk
6 ATTACItEM ENTS
cc: Project File
Day File
K:\LU'FCk2003\I 215 kUTC Memo 12-34)3 I-5 to City Center Access Brieling doc
Exhibit AA
I-5 City Center ~,ccess Point
I:)ecision Assistance
Scope for Federal Way
Neighborhood North of S 312th
(2) Senior Housing Complexes
Residents On 28th Ave S
King County Neighborhood East of I-5
Federal Way City Limits
Steel
Lake
Steel Lake
Park
SeaTac Mall
S 324 ST
WAY
TRANSIT
CENTER
Exhibit BB
I-5 City Center Access Point
Decision Assistance
N
Scope for Federal Way
Note: This map is intended for use as a graphical representation only.
The City of Federal Way makes no warranty as to its accuracy.
I -5 to City Center Access Study
Draft Public Involvement Participation
Project Committee Meetings
It is anticipated that three committees will meet regularly on the project. Also
stakeholders meetings will be required to address and resolve specific stakeholder issues.
The Committees and stakeholder roles are described below:
Support Team. This team meets monthly and is comprised of technical
specialists who help integrate the planning, programming, and design efforts that
lead to the development of the Access Point Decision Report. This team consists
of core members and extended members (drawn on as needed) and representatives
from the City of Federal Way (AGENCY), the WSDOT North West Region
Office, WSDOT Headquarters Design Office (OSC) and WSDOT Highway and
Local Programs. This team has the primary task of working with the
CONSULTANT to produce the Access Point Decision Report. CONSULTANT
anticipates up to 10 Support Team meetings.
Name Agency Role Telephone
CORE MEMBERS
Email
Ramin Pazooki
Phil Segami
Don Sims
Thomas Noyes
Jim Leonard
WSDOT King
Area Planning
WSDOT Sno-
King Area,
NW Region,
WSDOT
WSDOT
FHWA,
Olympia
Planning /
Development
Services
Manager
Project
Development
Engineer
Traffic Engineer
Northwest
Region
Urban Planning
Office, Seattle
Transportation
and
Environemental
Engineer
206.440.4710
206.440.4711
206.440.4353
206.464.1272
360.753.9408
pazookr(~wsdot.wa.gov
~a miP (a.~w sdot. wa. ou,9~
simsd(//~wsdot, wa. gov
N oyes F,a&vsdot.~ a. ogov
James. Leonard~ fhwa.dot.gov
EXHIBIT CC
I -5 to City Center Access Study
Draft Public Involvement Participation
Draft Contact Puget Sound Regional 206.464.6343 krichter~psrc.org
Regional Transportation
Karen Richter Council Planning &
Coordination
Draft Contact WSDOT NW Region 206 440.4736 ScottD@wsdot.wa.§ov
H&LP Agency
Dave Scott Representative
Draft Not confirmed
OSC - Bridge
Draft Not confirmed
OSC - Design
Draft Not confirmed
OSC - Geotechnical
EXHIBIT CC
I -5 to City Center Access Study
Draft Public Involvement Participation
Stakeholders. Stakeholders consist of interested public and private agencies,
neighborhoods, businesses, and local community groups. Providing information
to stakeholders and gathering their input will be done in both public meetings and
briefings to collect information and identify fatal flaws as noted in 2.2.2 and 2.2.4.
Stakeholder roles include providing feedback in the form of issues, concerns and
priorities .for them. Their early involvement is intended to obtain endorsement of
the decision making process and ultimately a supporter of the project. It is
important that individuals involved can deliver on their commitment. This will
not be a decision making group. 6 Stake Holder Meetings area anticipated.
City of Federal Way Parks Department
City of Federal Way Chamber of Commerce *also representing
employers and local
businesses
Federal Way School District
Lakehaven Utility District*
City of Federal Way Public Safety*
City of Federal Way Fire Department*
(2) Senior Housing Complexes As Represented by:
Neighborhood North of S 312th St As Represented by:
Residents on 28th Ave S As Represented by:
King County Neighborhood East of 1-5 As Represented by:
"Friends of the Hylebos Wetlands" As Represented by
C:\Documents and Settings\default\Desktop\Project Committee Meetings.doc
EXHIBIT CC
I -5 to City Center Access Study
Draft Public Involvement Participation
Advisory Team. This team meets less frequently than the Support Team, and is
comprised of reviewers and approvers who provide guidance through the purpose
and need, chartering, selection of alternatives, and incremental approvals of the
Technical Memoranda and other deliverables. The Advisory Team includes all
members of the Support Team and representatives from the WSDOT Access
Office, King County, FHWA, PSRC and transit agencies. It is expected the
Advisory Team will meet up to (five) 5 times in conjunction with the Support
Team.
Name Agency Role Telephone Email
IN ADDITION TO THE SUPPORT TEAM LIST THE FOLLOWING ARE LISTED ON THE ADVISORY TEAM
Jim Edwards Sound Transit Chief Engineer 206.398.5436 edwardsj~soundtransit.org
Regional Express
Capital Projects
Greg Armstrong Transportation State 360.586.1142 Greg~.TIB.WA.gov
Improvement Transportation
Board Project
Coordination
Tenative team WSDOT Project Engineer 206.440.4582 barrved(q~wsdot.wa.eov
location: Sound Transit S 317th Direct
Access Ramps
Ed Barry
Tenative team WSDOT Project Engineer 206.768.5680 WhiteJH(a)wsdot.wa.~
location: SR 509 Project
John White
EXHIBIT CC
I -5 to City Center Access Study
Draft Public Involvement Participation
Roger Mason CH2M Hill Project Manager 425.453.5005 #5498 rmasonCt)ch2m.com
Jeanne Acut~nza CH2M Hill Transportation 425.233.3387 jacutanza¢)ch2m.com
Planning
Glenn Choulard CH2M Hill Alternatives 425.241.1567 gchoulard~ch2m.com
Development
Maryanne Zukowski City of Federal Project Manager 253.661.4155 Maryanne.zukowski@cityoffederalway
Way .corn
Sarady Long- Alt City of Federal Traffic Engineer 253.661.4139 Sarady.long~cityoffederalway.com
Way
Greg Fewins City of Federal Deputy 253.661.4108 Greg.fe_wins~/,~cit¥offederalway.com
Way Community
Development
Director
Paul Bucich City of Federal Surface Water 253.661.4135 Paul. Bucich~cityoffederalway.com '
Way Manager
Draft Contact King County Pending 206.263.1301 Pam.abbey~metrokc.gov
Metro Confirmation
Pam Abby
Vicki Youngs Sound Transit Program 206.398.5024 youngsv~soundtransit.org
Manager for
Construction
Draft Contact King County Pending 206.684.1481 Harold.taniguchi(~t)metrokc.gov
Department of Confirmation
Harold S. Taniguchi, Transportation 201 S. Jackson St., KSC-TR-0815
Director Seattle, WA 98104~3856
Zeke t_yen WSDOT OSC OSC Traffic 360.705.7289 l.,¥enZ(b;~wsdot.wa.eov
Office
Darlene Sharar WSDOT OSC OSC Access 360.705.7251 sharardt~3vsdol.wa.eov
Hearings
Engineer
EXHIBIT CC
185693.AA.04_T122003001SEA · Fed Way Access Point Decision Flowchari_l 1 xl 7 · 12/1/03 · dk
IN~OL ~_~MENT
Council Brie§ng
- soope/Approach
- Process
TECHNF-AL
;~'iE F~iC S
IChartering I
~ 1 Attendees
I-List of Nemes
Purpose & NeedJ
TRUe 3~mmend
Evaluation
Methods &
Criteria
- Design Cdteria
- Environmental
- Purpose & Need
- APDR Thresholds
- Analysis Years
FUNDING
ENVIRONMENTAL
CONSIDERATIONS
NEPA
DOCUMENTATION
EnvironmentalI
Evaluation
Criteria
Affected
I Environment
51
Methods &
Assumptions
- Traffic Operation
- Forecasting
Methodology
LEGEND:
- -- TM 61
Oevelop Range
of Potential
Alternat ves
Draft Project Affected
Purpose Env ronment
& Need
ning I
t I
Range of Alternatives
that meet Purpose
and Need
Open House &
Council Briefing
(Including LUTC
on alternatives)
Draft Policy
Points 1 & 2
a. Future
Interchanges
b. Land Use and
Tronspo~a~n
Plans
TM gl
Screening
lLeve 2
] Support Team Meeting
[] Advisory Team Meeting
LUTC Land Use Transportation Committee
I-~ Technical Memo
I~' Pending Funding
[] APDR Policy Point
WSDOT Design Manual 1425
Council Briefing
Including LUTC Solution(s)
Review of Solution(s)
Draft Policy
Point 4
4. Need for Access
Point Revision
TEA-21
Application Due
Milestone
Council Briefing/
Public Meeting
- Preliminary Findings
- Public Input
- Concurrence on
l Pm m na~ So ution
TM 131
Screening
Level 3:
Recommend
Preliminary
Preferred
Alternat ve
TM 13b]
Revise
Screening
Level 13
Preliminary
Preferred Alt.
TM 1161 a~=
Revise Policy
Point 4
4. Need for Acceas
Point Revision
TM 1461 ~
Draft Policy
Point 6
6. OperaUonal and
Accident Analyses
TM 14bI
Revise Policy
Point 6
6. Operational
Access Analysis
Draft Policy
Points 5, 7, & 8
a. Access
Connec~ons
and Design
b. Coordina#on
c. Harming and
Environmental
Processes
TM 161
Preliminary
Opinion
of Cost
Alternatives I
CITY OF
Federal Way
CH2MHILL
Council Action
on APDR
Preliminary
Environmental
Scoping by
Local Agencies
[Begi~
Environmental
Review
Environmental
Scoping
Meeting
Workplan Outline (draft)
City of Federal Way
I-5 City Center Access Study
I-5 City Center Access Federal Way
DRAFT Purpose and Need
Draft: November 26, 2003
Purpose for Action
The City of Federal Way seeks to improve access to the City Center urban area from the I-5 corridor to
reduce accidents (crashes) and reduced overall congestion on the I-5 corridor and City Streets.
Need forAction ~ /'
· t ':: ~ ~ ~
Projectigta us , - ~
Th~s project ~ ~dent]fied in the City o~f F;ederai:~Way Capital Improvement Plan~as a con~ptual planning
study and is iriven by the Ciiy identifie~ plani to eXp~n~he S~uth 3~0 Sti-~'~{ '/7i~le~iri~ over Interstate 5.
~ · }, · ! ~;~ .... ~'= ~ ~- :. ~ - th
Fhe State Hi ;hway System Plan ~ncludes?:several projects alo.ng~nterstate 5gn the vlc¢lty of South 320
Street tnclud ng expansion o~ South 272 ~, extension of South 3 ~2 Street, ~n HO¥ d~ect access In the
vicinity of S ,uth 317 Streetl a new SR ;09 connection and ex~nsion o1' t~e SR 18 i{terchange.
System Lnkage ~ ' ~ ' ;; i
Interstate i5 i a Highwa o~IStatewid¢ S ~nificanee (~SS) and a~princ]pal a terial dft~e major north-south
NaUonal Def~ :nse System ~d~,, trade rout,~ il running th{ length of the,~ west ¢oa~ t betw~e~ Canada and Mexico·
South 320th ~ treet is,desi~ated as a pri~ giple arterial in the~Cit~ of Fedei'al Nay c~s~ififation system and
the primary access serwo~ the Puget 8o~ tnd Regmnal Council (PSRC) des~ dated drban area of the City of
Federal Way. T~e S9~uth 320th Street in~i~rchange at Inters~:$te 5 (s a partial, lover/Partiat diamond
tnterchange. ~urrently the ramp terminal ~ntersectton~ Operate near or over capac'ty dQnng retail peak
periods several hours a day. Significant weaving along S. 320th Street also contributes to operational
constraints. This project will not complete a needed gap in the transportation system; however it will assist
in alleviating congestion and reducing accidents along Interstate 5 around S. 320th Street.
Capacity
Currently Interstate 5 in the vicinity of South 320t~ Street operates near capacity with PSRC reported 1995
volume to capacity ratios of .95 in the peak direction. Traffic along this key corridor has grown and is
expected to increase as growth occurs in the Ports of Tacoma and Seattle, trade with Canada increases and
overall regional growth occurs. The City of Federal Way, particularly it's city center are targeted for
growth, as it is a designated urban center. The City has taken significant measures to increase roadway
capacity along SR 99, a major north south arterial corridor, as well as facilitating increased park and ride
capacity and transit service to optimize use of alternative modes.
While the Puget Sound Region is not currently in non-attainment, future growth in the area and region will
increase overall pressure on transportation infrastructure systems.
Transportation Demand
The City Center area of Federal Way (an Urban Center) is anticipated to experience significant growth.
Historically growth at the interchange has been between 1.5 and 3 percent per year. Freeway mainline
traffic volumes exceed 170,000 vehicles per day (beyond the capacity of a four lane freeway), many of
them (between 7 and 10 percent) freight vehicles. Overall traffic volumes on the mainline have grown
between 1 and 2 percent per year. Approximately 60,000 vehicles per day use South 320th Street
approaching capacity for a 6 lane arterial street. Often high weaving on this busy arterial results in poor
intersection operations. Anticipated growth in the City Center and designated a~mexation areas will further
exacerbate capacity and safety on South 320th Street spilling over to ramps and the freeway mainline.
Social Demand or Economic Development
The Federal Way city center is the economic engine of the City. Federal Way is a desigr~ated urban center
by the Puget Sound Regional Council indicating concentrated growth is expected in this area within the
urban growth boundaries. Improving access to the Interstate ~vill irnprove overall marketability and success
of the commercial areas in the city center.
Modal inter-relationships
The Federal Way park-and-ride contains over 200 parking spaces and is reportedly full most days
indicating it is very successful m taking south county transit riders to destinations in {owntown Seattle and
Bellevue. The ~eral Way park-and-ride is served by Pierce Transit, Metrq:a~ Sound Transit. The
South 320 h Street in{ercha~ge includes a transit only flyer stop on the soUthbound 0nx~amp and a transit
only access dut of the Fede?al Way park-and-ride Improvements in access ~ill hc~lit~te improved travel
. ~ ~ . .
t~me for transit by reducing }ongest~on at ~he South 320th Street ramp te~flz a~d0n South 320th S~eet.
Safety ~
· ~is segme~( of [~terstate 5 ~outb o¢ Sout~ ~20th StrUt is idSntiQed as a ~i~h Acc!de~t Locatio~ (BAL)
due in pa~t t~ the oonnict~ at'he interCh~ge and ¢~i~h statidn, high level ~f congestion, and high volumes
of freight ~a~fic. Improving~ccess t5 th~ city center is expected to reduce ~ongest~o~and mitigate
acc~dents~ ~ ~
Roadway~Defic~en0ie~
Cu~ently Sobth 320th S~eei is six t~bu~h lanes wit~ frequent ~ffic signall Weaving along the con'idor
results ~n Podr comdor operations
CiTY OF
Federal Way
~ CH2MHILL
Project Issues
City of Federal Way
I-5 City Center Access Study
%eral Way
DATE:
TO:
FROM:
VIA:
SUBJECT:
December 15, 2003
Eric Faison, Chair
Land Use and Transportation Committee
Patrick Doherty, Deputy Director for Economic Development,
Community Development Services Department'
David H. Mos~ ~I~tyManager
Status of Code Amendments Related to Large-Format Retail Establishments in City
Center
BACKGROUND
History of the Issues
As part of the Year 2001 Planning Commission work program, staff was asked to develop a code
amendment intended to exclude large discount retail establishments from locating within the City
Center Core (CC-C) zoning district. Examples. of discount retail establishments include Target, Wal-
Mart and Fred Meyer. The purpose of excluding these types of uses from the CC-C was purportedly
due to their "typical" development typology and its incompatibility with the goals and policies of the
Federal Way Comprehensive Plan (FWCP). The development typology typically associated with these
types of uses includes large-scale, single-story, single-use buildings over 100,000 square feet in size
with large expanses of surface parking facilities. This type of development is not compatible with the
adopted goals and policies of the FWCP which encourage multistory, pedestrian-scale, mixed-use
development that more efficiently uses CC-C land.
In response to this work program item, and in an effort to implement a broader range of goals and
policies of the FWCP related to the City Center-Core zoning district, staff analyzed the underlying
issues further and proposed a somewhat different approach through code amendments that would create
supplementary development standards for all large-scale retail, office and entertainment uses in the CC-
C zoning district. Staff believes that prohibiting discount retail establishments from locating within the
CC-C could inhibit economic investment in the Federal Way City Center. In addition, limiting the scope
of the proposed code amendments to solely discount retail establishments would not address the
identical impacts associated with other, nondiscount, single-story, large-scale retail, office and
entertainment developments in the CC-C. These uses are typically located in commercial shopping
centers that have comparable large-scale, single-story buildings that are not compatible with the vision
of the Federal Way City Center as a pedestrian-scale, mixed-use urban center.
Summary of Proposed Code Amendments
With the above-mentioned new, more inclusive direction in mind, staff developed draft code language
to address the broader issue of these large, single-story commercial structures in the CC-C. Here is a
Memo to LUTC on Status of City Center Code Amendments
Page 2 of 3
summary of the code provisions, as originally proposed (for details, please refer to the Staff Report to
the Planning Commission, September 18, 2002, attached):
· For new single structures or combined structures over 75,000 square feet in gross floor area,
there would be two options:
o Limit first-floor footprint to 75,000; the structure shall have a minimum of three floors
and the third floor shall have a minimum floor area of 50,000 SF or 80% of the second
story, whichever is less, OR
o Unlimited first-floor footprint, but for every 1000 SF over 75,000 SF, provide one
dwelling unit of housing on site.
· For additions to existing structures or developments of less than 75,000 SF, there would also be
two options:
o The structural addition shall contain two stories, with the second floor having a
minimum floor area of 50,000 SF or 80% of the second story, whichever is less, OR
o One-story addition allowed, but for every 1000 SF over 75,000 SF, provide one dwelling
unit of housing on site.
· An exemption to the above requirements would be allowed for increases in floor area of up to
25,000 SF or 10% of the total floor area on the site, whichever is less.
· In addition, the definition of"subject property" would be revised to recognize large shopping
centers or other developed that are jointly developed, designed, accessed, or managed as a single
development.
Planning Commission and L UTC Review
After developing the draft code provisions outlined above, staffreturned to the Planning Commission
on September 18 and October 23, 2002. The direction provided by the Planning Commission was for
staff to engage property and business owners within the City Center-Core in one-on-one conversations
about the subject and proposed code provisions to gain greater insights and/or alternatives from that
constituency. The Land Use and Transportation Committee met on November 18, 2002 to review the
Planning Commission's recommendations and consider the'proposed amendments. Given the Planning
Commission's recommendation for staff to discuss the amendments more thoroughly with City Center
property and business owners, the LUTC concurred with this recommendation, as well as potentially to
hold a joint PC/LUTC public hearing and instructed staff to proceed with meeting with property and
business owners.
Since that time, staff have had the opportunity to meet in person with several of the key property owners
in the City Center to discuss the proposal. While a majority of the property owners expressed sympathy
with the policy intent of seeking more multi-use and efficient use of City Center land, all of the parties
encouraged the City to explore a more i~centives-based approach before and/or in place of this
regulatory approach.
Both in response to these comments and in parallel, the City Council and staffhave been working on the
concept of incentives for the past two-plus years, as itemized below:
· City Council has approved tile limited property tax exemption for residential and mixed-use
projects in the City Center;
· City Council has approved and staff is currently proceeding with a SEPA Planned Action and
related code amendments/ordinances, slated for adoption Spring 2004;
· City Council has considered redevelopment strategies and/or potential public-private partnership
ideas in FEDRAC meetings over the past year and has decided to make this issue a key topic for
Memo to LUTC on Status of City Center Code Amendments
Page 3 of 3
the Council's annual retreat in January.
NEXT STEPS
Given the strong recommendations fi'om the public for the City Further to explore and consider
incentives, and given thc above-cited Council and staff actions and work items, staff has dedicated its
time to these incentive-oriented strategies, with the intention of reintroducing these code amendments as
part ora bundle ofproposa!s for City Council consideration next year: SEPA Planned Action ordinance,
City Center code changes, and potential redevelopment strategies. Staff has been asked to offer this
status report at this lime as a prelude to reintroducing consideration of these code amendments in thc
t~pcoming months.
RECOMMENDATION
No action is recommended at this time. This memo and staff comments at the LUTC meeting are
intended to be infom~ational and serve as an update.
APPROVAL OF COMMITTEE REPORT:
Eric Faison, Chair Michael Park, Member Dean McColgan, Member
CITY OF ~
Federal Way
PLANNING COMMISSION
RE COMMENDATION
DATE: November 8, 2002
TO:
FROM:
VIA:
SUBJECT:
Eric Faison, Chair
Land Use/Transportation Committee (LUTC)
Rox Burhans, Associate Planner
Patrick Doherty, Deputy Director
David Moseley, City Manager
Planning Commission Recommendation - City Center Core Supplementary Development Standards
Code Amendments to the Federal Way City Code (FWCC)
A. BACKGROUND~ROPOSAL
As part of the Year 2002 Planning Commission work program, staffhas proposed code amendments related to
creating supplementary development standards for large-scale retail, office, and entertainment uses in the City
Center Core (CC-C) Zoning District. The proposed code amendments would incorporate regulations into
Federal Way City Code (FWCC) Chapter 22. The staff recommendation to. the Planning Commission is
attached as Exhibit I.
B. PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing on September 18, 2002 (Exhibit 2, Meeting Summary).
They voted to continue the hearing to October 23, 2002, at which time they recommended denial of the
proposed code amendments, in their present form (Exhibit 3, Meeting Summary).
During the Planning Commission's September 18, 2002 hearing, staff submitted a report (Exhibit 1) and made
a presentation on the proposed code amendments. During this meeting, representatives of the SeaTac Village
Shopping Center (Mr. Jerry Lutz) and KC Investments (Mr, Rob Reuber) provided testimony on the proposed
code amendments. The SeaTac Village Shopping Center representative also submitted written comments listed
as Exhibit 4. At the conclusion of the meeting, the Planning Commission gave staff a set of questions to
research and address, and voted to continue the hearing to October 23, 2002.
At the October 23, 2002, Planning Commission hearing, staff submitted a memo (Exhibit 5) and made a
presentation addressing each of the Planning Commission's questions. A representative from the SeaTac
Village Shopping Center provided testimony and submitted a revised set of written comments listed as Exhibit
6. At the conclusion of the hearing, the Planning Commission recommended denial of the proposed code
amendments, in their present form.
The Planning Commission's principal concern with the proposed code amendments was the amount of
participation with existing property owners in drafting the proposed development standards. While the
Planning Commission indicated their general support of the proposed code amendment's concept and intent,
they felt property owners should have been more directly involved in drafting the proposed development
standards. Staff efforts to solicit comments and feedback from property owners consisted of presenting the
proposed code amendments at several Federal Way Chamber of Commerce and City Economic Development
Committee meetings, and at the City Center/SeaTac Mall redevelopment workshop.! In addition, staff mailed a
notification of the September 18, 2002, Planning Commission hearing to each property owner in the City
Center Core and Frame Zoning Districts. As part of the Planning Commission's recommendation of denial,
staff was advised to provide additional public participation opportunities in order to develop a proposed code
amendment(s) that would be supported by the CC-C property owners.
C. COUNCIL ACTION/STAFF RECOMMENDATION
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance (Exhibit 7) approving the proposed code amendments.
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, as recommended by the
Planning Commission.
4. Recommend that staff meet with City Center property owners to collect additional comments and
feedback and return to the Planning Commission for a recommendation.
Staff recommends that the Committee recommend to the full Council adoption of the code amendments, as
proposed by City staff (Exhibit 1).
D. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION
The LUTC forwards the proposed amendment to the full. Council for first reading on December 3, 2002, as follows:
Recommend that the full Council adopt an ordinance approving the proposed code amendments.
Recommend that the full Council adopt an ordinance approving the proposed code amendments,
as amended by the LUTC.
Recommend that the full Council disapprove the proposed code amendments, as recommended by
the Planning Commission.
Recommend that staff meet with City Center property owners to collect additional comments and
feedback and return to the Planning Commission for a recommendation.
APPROVAL OF COMMITTEE REPORT
Eric Faison, Chair
Michael Park, Member
Dean McColgan, Member
LIST OF EXIIIBITS
Exhibit I
Exhibit 2
Exhibit 3
Exhibit 4
Staff Report to the September 18, 2002, Planning Commission
Meeting Minutes for the September 18, 2002, Planning Commission Hearing
Meeting Minutes for the October 23, 2002, Planning Commission Hearing
SeaTac Village Shopping Center Comments for the September 18, 2002, Planning Commission Hearing
~ During the City Center/SeaTac Mall Redevelopment workshop, a suggestion was offered to permit the housing required as part of Option 1I of
the proposed code amendment, to be constructed in a separate and detached structure located on the subject property. This suggestion was offered
as an alternative feature to be considered as part of the Planning Commission's recommendation to the LUTC (page 7 of Exhibit 1).
City Center Core Supplementary Development Standards Code Amendments File #02-! 01595-00-UP / ooc ED :OSS9
Planning Commission Recommendation Memorandum to LUTC Page 2
Exhibit 5
Exhibit 6
Exhibit 7
Staff Memo to the October 23, 2002, Planning Commission
Revised SeaTac Village Shopping Center Comments for the October 23, 2002, Planning Commission Hearing
Draft Ordinance
~2ity Center Core Supplementary Development Standards Code Amendments
File #02- I 01595-00-UP / r~ i o. 20889
Planning Commission Recommendation Memorandum to LUTC Page 3
CITY OF FEDERAL WAY
MEMORAMD UM
October 16, 2002
TO:
FROM:
SUBJECT:
MEETING DATE:
John Caulfield, Chair
Planning Commission
l~ox Burhans, Associate Planner
Patrick Doherty, Deputy Director
City Center Core Supplementary Development Standards Code Amendment
October 23, 2002
BACKGROUND
This memorandum is in response to the Planning Commission's September 18, 2002, request for
additional information regarding the proposed City Center Core Supplementary Development Standards
Code Amendment. During the September 18, 2002, Planning Commission meeting, staff submitted a
report and made a presentation on the above-noted, proposed code amendment. At the conclusion of the
meeting, the Planning Commission gave staff a set of questions to research and address during the
October 23, 2002, meeting. Section II of this memo will provide answers to each of the Planning
Commission's questions.
PLANNING COMMISSION QUESTIONS
1) Explain the rationale of the proposed definition of"subject property." Can the proposed definition
of"subject property" be modified to minimize any subjectivity?
For purposes of the proposed City Center Core Supplementary Development Standards Code
Amendment only, staff has proposed expanding the existing Federal Way City Code (FWCC)
definition of "subject property." The existing definition of subject property largely contemplates
multiple lots or parcels that have co~nmon property ownership. Staff has recommended expanding
this definition to include all lots or parcels that are physically and functionally interconnected. Staff
has recommeuded the expansion of this definition in order to prevent a developer from attempting
to evade the proposed development standards by reorganizing his/her property into a myriad of
ownership relationships, project phases, and/or submitting separate permit applications.
The FWCC existing definition of subject property could potentially allow large-scale pr~)jects to
evade the proposed code amendment. A large-scale development could possibly evade the proposed
development standards by reorganizing a project site through a binding site plan or commercial
subdivision. There are several existing large-scale shopping centers within Downtown Federal Way
that appear and function as a single development, but are comprised of several, unusually distiuct
property ownerships, and therefore, do not meet the existing FWCC definition of subject property.
Staffexamined the proposed definition of subject property for possible modifications that would
m in ira ize any subjectivity. The second sentence within the proposed definition of subject property
states. "The criteria used to determine if two or more abutting lots or parcels are considered
physically and functionally intercounected may include, but are ,Jot limited to, common ownership
and/or use of tile lot or parcel, reciprocal access and/or parking, shared facility management and/or
support services, and any of the following common i~nprovements: architectural design features and
materials, signage, landscaping, parking facilities, restrooms, and/or common areas." In order to
provide property owners or potential developers with a specific itemized criteria for determining
xvhat would constitute a subject property, staff is recommending deleting the folloxving from the
above noted portion of the proposed definition, "...may include, but not limited to .... "This
modification would also minimize any subjectivity in the application of the proposed definition.
2) Can additions or expansions to existing structures be exempt from the proposed code amendment's
development standards?
The City Center Core (CC-C) zoning district is largely developed, with only a few vacant,
developable sites. Future development within the CC-C will largely occur through expansions and
additions to existing developed properties. Many of the properties in the CC-C contain older, large-
scale, single-story commercial structures that are outdated and/or inconsistent with the goals and
policies of the Federal Way Comprehensive Plan (FWCP). Exempting additions or expansions oil
existing properties would significantly reduce the proposed code amendment's ability to promote
future development that is consistent with the envisioned CC-C. In addition, limiting the scope of
the proposed code amendment to vacant undeveloped sites would create an uudesircd incentive to
retain old~r, incompatible structures. This incentive would protnote a continuation of the CC-C's
existing development typology and thwart more comprehensive redevelopments.
Staff believes the proposed code amendment should be applicable to new structures proposed for
undeveloped sites and to proposed increases in gross floor area on developed subject Properties.
However, if the Planning Commission wishes to reduce the code amendment's impact to expansions
or additions to existing structures, they may consider increasing the gross floor area exemption.
As noted in tile September 18, 2002, Slaff Report to the Planning Commission, staff is
recommending the inclusion of a gross floor area exemption that would permit small increases over
existing gross floor area to be exempt from the proposed code ameudment's development standards.
Staff is recommending a gross floor area exemption equal to the lesser of 10 percent of the existing
gross floor area, or 25,000 square feet. This exelnptiou would allow existing property owners to
make necessary small expansions to accommodate existing and/or fl~tt~re tenants. The Planning
Commission, as part of their recomlnendation to the Land Use and Transportation Committee, could
increase the gross floor area exemption. While this option is not part of staff's recommendation, any
increase to the gross floor area exemption should not exceed the lesser of 15 percent of existing
gross floor area, or 30,000 sqnare feet.
3) Would a "big box" development moratorium be appropriate within tile CC-C zoning districl?
As discussed at tile September 18, 2002, Planning Commission meeting, staff has concerns
regarding the implementation of a "big box" development moratorium in tile CC-C. In order for a
development moratorium to be legally defensible, the community must be facing an emergency
simatiou. In addition, and also very importantly, a develop~nent moratorimn would send a negati, ve
City Center Core Supplcmcntary I)cvclopmcnl Standards Code Amendmcms
I~lannmg Commission Memorandum
File 02-102180-O0-tJl' / i>,,c u* 20~,;2
Page 2
4)
S)
message to the development community regarding opportunities in Federal Way. 'The City does not
wish to discourage redeveloptnent in the City Center in order to harness "big box" developments
that are consistent with tile FWCP. tt0wever, the intent of tile proposed code amendment is to
ensure that highly developable properties iu the CC-C are not occupied by large-scale "big box"
type development.
Would a City Center Master Plan facilitate the multistory mixed-use type of development
envisioned by the FWCP?
A City Center Master Plan could be used as a tool for encouraging development that is consistent ~vith
the FWCP. Section 6 of this memo discusses future development incentives that will be offered in
Downtown Federal Way to encourage the desired type of development. Examples of these incentives
include the Planned Action SEPA and public improvements achieved through a Community Renewal
Plan. It should be noted that the planning associated with each of these types of incentives is
comparable to the development of a master plan, as discussed during the September 7, 2002, Planning
Commission meeting. However, a more proactively designed City Center Master Plan may be a good
way to further articulate the vision for Downtown Federal Way and develop an energy that could
attract development. The development of this type of plan may be an item for further discussion and
consideration between members of the Planning Commission and City Council.
What is the maximum allowed residential density in the City Center? What is the existing
residential density in the City Center?
The maximum allowed residential density in the City Center is 80 units per-acre, or one unit per
545 square feet of lot area. The following table will provide a list of all residential development in
the City Center and their approximate densities.
Existing City Center Residential Densit'?
Name I Number of Units I Lot Area I Density
Brightwater Apartments 136 210,395 I unit/l,547 sq ft of lot area
Chelsea Court Condominiums 110 196,456 1 unit/I,786 sq ft of lot area
Meridian Court 200 161,172 I unit/805 sq ft of lot area
Steel Lake Plaza 54 89,298 I unit/l,654 sq ft of lot area
Trinidad South Condominiums 43 67,082 I uniffl,560 sq ft of lot area
Willamette Court I O0 73,181 I unit/732 sq ft of lot area
Woodmark at Steel Lake 85 150,282 I unit/l,768 sq ft of lot area
Woodside Apartments 159 215,622 I unit/l,356 sq ft of lot area
Total 887 I, 163,488
As noted above, there are approximately 890 residential dwelling units located on siugle-use sites in
the City Center Frame zoning district. The FWCP directs the City to encourage the development of
deuse multifam i ly housing in a ill ixed-use environment in order to provide housing opportunities
close to employment and shopping, geuerate a significant amount of pedestrian activity, and
increase the diversity of housing types in the City. The quantity and type (located on single-use
sites) of existing downtowu housing, particularly in the Core area, is inconsistent with the goals and
I 'l'hc multi family residential complexes listed below arc located within the City Center Frame zoning district. Presently, there
arc no residential units located in the City Center Core zoning district.
City Ccntcr Core Suppletncntary l)cvclop~ncnt Standards Code Amendmcnts File 02-102180-00-UP / i)o~ .) 20632
Planning Commission Mcmorandum I'agc 3
policies of the FWCP. To l~elp implement tile FWCP goals and policies for downtown multifamily
housing, the City has increased tile permitted residential density and allowed building heights, and
made significant investments to neighboring park facilities. In spite of these incentives, the last City
Center residential development occurred in 1997.2 Option II of the proposed code amendment,
allowing property owners to construct housiug above an existing or proposed structure,3 would help
facilitate tile development of the desired dowr~town housing.
6) What are tile current and planned development incentives within tile City Center?
The following is a list of current development incentives offered itl the Federal Way City Center.
· Substantially greater building heights: up to 145 feet for office uses, 85 feet for
residential uses, and 95 feet for retail uses
· A maximum residential density of 80 units/per acre
· Over $17 ~nillion of public right-of-way i~nprovements
· Over $3.5 million in stormwater drainage improvements
· Comprehensive rcviexv of permitting process to improve permitting Citywide
· Continuous review of the FWCC by the Economic Development Division to identify'
code amendments that would remove barriers and/or attract appropriate development
· Development of public park facilities and open spaces such as Celebration Park and
Steel Lake Park
The following table is a list of planned development incentives within the Federal Way City Center.
Planned City Center Development Incentives
Planned Incentive Description
SEPA Planned Action
Housing Tax Exemption
Reduce Infrastructure Requirements/
Build Infrastructure hnprovements
Participatiou iu Development ora
l)owntown Public Parking Garage
Community Renewal Plan
The City would develop an Environmental Impact Statement for the
City Center's envisioned development typology. Applicants whose
proposed development is consistent with this typology would be
offered a substantially expedited land use permit without going
through environmental or other appealable land use approvals.
New City Center residential construction would be exempt from
property taxes for a period often years.
The City could either reduce the City Center design requirements
for identified grid streets, or may commit to constructing desired
right-of-way improvements itself.
The limited supply of parking at tile SeaTac Mall and other
downtown sites may impede future redevelopment. Tile City could
participate ill the development of a public parking garage to
increase tile supply of available parking.
The City could designate a community renewal area that would
facilitate thc establishment of tax increment financing to fired the
development of infrastructure improvements and/or a public
parking .....
~3ra~c.
2 This development consisted of two scmor housing facilities: Meridian/Willamette Corn1 and Woo&nark at Steel Lake.
3 As an alternative to thc rcquircmcms specified m ()piton 1, rcqt,iring the development of a structure with a minimum number
of stories and a maximnm building footprint of 75.000 square feet.
City Cculcr Core Supplementary I)cvclopment Stamlards (?{)tie Amendmenls
I~lannmg Commission Memorandum
File 02- 102180-00-tJP / i~o~ ~I~
Page 4
7) Wily are tile curreut and planned development incentives (without tile proposed code amend~nent)
not sufficient to attract tile type of development envisioned by tile FWCP?
The present day Federal Way City Ceuter is an established and profitable regional retail market. As
may be expected, property owners, recognizing the retail marketability of their properties, focus on
continued retail occupaucies of their sites. This marketiug approach is consistent with retail
developers who, if pern~itted, focus on developiug single-use retail sites, as opposed to entering into
markets or development projccts they are unfamiliar with or are inconsistent with their existing
retail development portfolios, such as mixed-use developments, housing, offices, lodging, etc.
The present day City Center land values are such that the development of single use retail sites
continues to be profitable. However, the !and values remain too high for the development of other
types of stand-alone uses such as office and residential. If land values in the City Center were to
significantly increase, the development of new single-use retail sites would no longer be feasible. If
this were to occur, developers would likely seek to collocate retail uses with other uses that thrive in
multistory locations, like office or residential. This would allow the high land costs to be
apportioned to multiple uses. This development pattern is consistent with other Puget Sound cities
with high land values such as Seattle, Bellevue, Kirkland, etc.
The existing set of incentives, listed above, although allowing greater development densities and a
mix of uses, do not appreciably change the couditiou just cited, wherein land values are such that
stand-alone, single-story retail/service development is still profitable for City Ceuter property
owners. The types of incentives listed above that are being considered by the City Council for the
future begin to affect the financial equation, by offering financial incentives to desired
develop~nent. These incentives may in fact be successful in fostering a modicum of comprehensive
plan-consistent mixed-use development. However, these incentives have not yet been approved by
the City Council, are not yet in effect, and may not result in the desired effect on development for
some time to come. In addition, even with modest incentives for mixed-use development available,
it is not clear that property owners or developers oriented solely to retail development schemes will
be swayed by these incentives. As mentioued earlier, it may take more than simple incentives to
compel shopping center developers to consider mixed-use deve~lopment, something they may have
no history with, may not be comfortable with, and/or may require partnering with other developers.
Staff believes that tile proposed code amendmeut and the existing aud plauned City Center
development incentives would act in coucert with one another. Tile proposed code amendment
would encourage developers to think outside the "big box" development typology, while increasing
tile feasibility of tile desired development through tile offeriug of incentives. Meanwhile, tile threat
of more "big box" retail development, or simple continuatio.1 of the existing single-story, single-use
retail development through additions and expausions, is very real and staff believes something ~nore
than incentives is necessary to ensure future development that is more consistent with tile FWCP.
8) I Iow was tile 75,000 square foot maximum building footprint size threshold determined? Could this
threshold be reduced?
As discussed iu tile September 18, 2002, Staff Rel~or! to the Plamting Commixsion, staffexamiued
the sizes of large-scale stand-alone retail establishments and shoppiug centers. This research did not
lead to any conclusive "typical" facility size; however, several of these types of facilities developed
Cily Ccnler Core Supplementary I)cvclopmcnl Standards Code Amendments File 02-102180-00-UI~ / ooc m 20632
Planning Commission Memorandum Page 5
over the past several years have been approximately 150,000 square feet in size. Option I of the
proposed code amendment limits building footprints to a maximum of 75,000 square feet and
requires the development ora minimum three story structure. Under Option I of the proposed code
amendment, a new 150,000 square foot large-scale retail establishment or shopping center would
likely divide its operations between the first two stories of the structure. Fred Meyer has
successfully implemented this two-story retail development typology in the cities of Seattle,
Redmond, and Portland.
If Option I's 75,000 square foot building footprint size threshold were to be reduced, this would
likely require the principal retail tenant to divide its operations between three or more floors. This
development typology would likely not be feasible in the Federal Way City Center and would
essentially constitute an obstacle to the inclusion of major retailers in the City Center. Therefore,
the proposed 75,000 square foot threshold recognizes the likely scenario of recent large retailers
that could be accommodated on two floors, a development typology with some history and
feasibility.
PLANNING COMMISSION ACTION
Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the
following actions regarding the proposed zoning code text amendment:
1. Recommend the City Council adopt the FWCC amendment as proposed;
2. Modify the proposed FWCC amendment and recommend the City Council adopt the
FWCC amendment as modified;
3. Recommend the City Council that the proposed FWCC amendment not be adopted; or,
4. Forward the proposed FWCC amendment to the City Council without a recommendation.
STAFF RECOMMENDATION
The following motion is suggested:
Move to recom~nend the City Council adopt the proposed FWCC text amendment related to
creating supplementary development standards and special nonconformance provisions within
the City Center-Core (CC-C) zoning district (if changes occur as a result of Planning
Commission deliberations add, "...as amended by the Planning Commission.").
City Center Core Supplementary Development Standards Code Amendments
Planning Co~nmission Memorandu~n
File 02-102180-00-UP / Doc ID 20632
Page 6
STAFF REPORT TO THE PLANNING COMMISSION
City Center-Core Supl)lcmcntary Development Standards
Federal Way City Code (FWCC) Amendment
Planning Commission Meeting of September 18, 2002
BACKGROUND
As part of the Year 2001 Plmming Commission work program, staff was asked to develop a code
amendment intended to exclude large discount retail establishments from locating within the City
Center-Core (CC-C) zoning district. Examples of discount retail establishments include Target, Wal-
Mart, and Fred Meyer. The purpose of excluding these types of uses from the CC-C was due to their
"typical" development typology and its incompatibility with the goals and policies of the Federal
Way Comprehensive Plan (FWCP). The development typology typically associated with these types
of uses includes large-scale single-story, single-use buildings over 100,000 square feet in size with
large expanses of surface parking facilities. This type of development is not compatible with the
adopted goals and policies of the FWCP, which encourages multistory, pedestrian scale, mixed-use
development that more efficiently uses CC-C land.
In response to the Planning Commission's request, and in an effort to implement the goals and
policies of the FWCP, staff is proposing a somewhat different approach through code amendments
that xvould create supplementary development standards for all large-scale retail, office, and
entertainment uses in the CC-C zoning district. Staff believes that prohibiting discount retail
establishments from locating within the CC-C could inhibit economic investment xvithin the Federal
Way Downtown. In addition, limiting the scope of the proposed code amendments to solely discount
retail establishments would not address the identical impacts associated with other, non-discount,
large-scale retail, office, and entertainment uses in the CC-C. These uses are typically located in
commercial shopping centers that have comparable large-scale single-story buildings that are not
compatible with the vision of Downtown Federal Wa3, as a pedestrian scale, mixed-use urban center.
Sections A and B of this report xvill present each of the proposed code amendments in underlined
text. The numbers located in tile right margin (bold font) of each proposed code amendment
provision correspond to the location of tile applicable staff explanation m Section C of this report.
I;'W(fC' ,5'cction 22-977, City Center-Core Supplementary Development ~S~tandards Code
A me~dment -
~proposed structure or structures with a gross floor area over 75,000 sq. ft., or an
increase m existing_gross floor area over 75,000 sq. fl., in the city center core zoning
district containing rctail, office, and/or entertainment uses on a subjec~Lpr~j)erty shall
comply with one of the following o_ptions:
Option 1: The cunmlative building footprint of the structure or structures shall not
exceed 75,000 s~t. fl; the structure or structures shall have a minimum of three stories, and
the third story_ of the structure or structures shall have a mini~num gross floor area equal to
the lesser of 50,000 sq. fl., or 80_percent of the second story_.
l~ 2~
3, 4,
&8
5
OR
Option 11: For every 1,000 s~. ft. of proposed gross floor area that is over 75,000 s~t. t~L~. 6 &
the a_pplicant shall provide one dwellin_g unit of housing to be located above the ground
floor of any existing or proposed structures on the subject property_. At least 75 percent of 7
the dwelling units shall have a minimum gross floor area of 600 sq. fl.~
Exccp_t as specified in FWCC 22-977(3), a_pr~3)oscd increase in gross floor area of less 2, 3,
than 75,000 sq. ft. in the city center core zoning district containing~9_tail, office, and_ 8, q~
eutertainment uses. when added to a subject pr~j3erty with existing cumulative gross floor
area greater than 75,000 sq._ft, occu~pied by retail, office, and/or entertainment uses, shall 9
comply with one of the following options:
Option h The structure or structures containing the proposed gross floor area expansion
shall have a minimum of two stories, and the second story_ of the structure or structures
shall have a n~inimum gross floor area equal to the lesser of 50,000 sq. ff., or 80 percent of
the ground floor.
OR
9
Option 1I: For every 1,000 sq. ft. of proposed_gross floor area, the ap. plicant shall 6,
provide one dwcllina unit ofhousina to be located above the ground floor of any existi~ & 9
9r proposed structures. At least 75 percent of the dwelling units shall have a minimum
gross floor area of 600 so,.
The requirements of FWCC 22-977(2) shall not be triggered by a proposed increase in
gross floor area up to the lesser amount of 25,000 sq. ft., or 10 percent of the total gross
floor area existing, under constructiou, or proposed as part of a complete buildingl~crmit
a_t~lication on a sub_ject~pr~opertv as of the effective date of this section.
For pu_Lposes of this section and ~vcc 22-339. I (see below), the "su~t~pr~l)ert7" shall
include all lots or parcels that contain existing anger p~osed retail, o~ and
entc~ainmcnt uses that arc p~ically and functionally interconnected. Thc criteria used to
determine if two or more abutting5 or parcels are ~nsidercd physiolly m~d
functionalb: intcrcommctcd may include but arc not limited to. common ownership
and/or usc of the lot or parcel, rc~rocal access and/orparking shar~ hcility
management and/9_r suppo~l settees and any of the followin~ common improvements:
architectural desih~ fcaturcs and materials, signagc, landscapin~king facilities,
rcstrooms and/or common armas. Ifexisting~roposed structures are located on two or
more lots or parcels or arc included undqr a common permit action with two or more lots
or p3rcels, all lots ~)ar~ls containing thc structure or stmctnres shall bc considered a
si~ subject propca~ Two or more abutting lots or parcels coutainin~evc~)mcnt
activities l)~)oscd~_ thc samc gl~plicant or uudcr review Dy thc commu~cvc~mlcnt
services orpublic works departments at apl)roximatcly the same time shall be considered
a single subject pr~,ca~
10
11
&
12
City Center-Core Supplementary Developtnent Standards
l~lanning Commission Staff P.q~o~l
File #02-102180-00-UP / t~. ~D. ~98~9
Page 2
I"WC(' Section 22-339. 1, ,%']?ecial l'rovisions for the CiO? Center-(;ore Zoning District Code
Amendment Related to IVonconformance -
Proposed improvements to an existing structure or structures and/or changes in use shall not
tr_~_ie;ger a requirement otherwise applicable under FWCC 22-334 that an applicant correct a
nonconformance if that nonconformance was created solely by the adoption of FWCC 22-977
(the proposed code provision).
13
C. Staff Explanation of Proposed Code ~4mendments -
Code Amendment's Relationship to The Recently Issued City Center Market ~S'tudy - 'Die
recently issued City Center Market Study includes projections of future office
development within the City Center over tile next 20 years. The market study indicates
that the East and West Campus areas of Federal Wa5, will continue to capture the majority
of the City's demand for future significant office space. 'D~e City Center will experience
less demand than these competing Federal Way office markets due to real estate sale
prices and lease rates in the City Center being largely based on retail uses, which are
substantially higher then office uses.
Tile market study also projects the amount of future residential development within tile
City Center. Consistent with the findings for future office development, the City Center
may see less residential development than other areas of the City due to higher land values
in the City Center, which discourage developers from coustructing multi-unit housing
based on thc rental rates the Federal Way apamncnt market can command. Absent some
form of assistance or intervention, the market study indicates that the City Center may not
realize the rate and scale of future office and residential development envisioned by thc
FWCP.
The proposed code amendment's prescribed mixed-use development t3rpoIogy would'
likely miuimize the above noted fiscal impediments to constructing office and residential
development within Downtown Federal Wa),. 'Die market study's projection for future
downtown office and residential development is largely based on the assumption that these
developments will occur on single-use sites. This assumes that the cost of purchasing
property with a sale price based on anticipated retail occupancy to be absorbed by a single-
usc office or residential development. The proposed code amendment's development
typology would apportion thc Git3, Center's real estate costs to multiple uses in a single,
mixed-usc development, such that office and/or residential development would not have
thc burden of the full land costs.
Applicabilio? to New ,S'tructures and Increases in Gross Floor A rea - The proposed code
amendment is applicable to new structures proposed for uudevelopcd sites and to proposed
increases m existing gross floor area on developed subject properties. The proposal to
include proposed mcrcascs in existing gross floor area recognizes the dcvclopcd nature of
the CC-C zoning district, and the likelihood of future redevelopment occurring through
expansions to existing developed subject properties.
Ci(y Center-Core Supple,nm~taty I)evelop~nent Slan&trds File #02~102180-00-UP/m~. ~.o ~98~
Planning Commission Staff' P, eporl Page 3
The devclopmcnt staudards specified itl tile proposed code amendment would only be
applicable to new structures and proposed increases in cxistiug gross floor area. Existing
structures would not be required to be brought rote compliance with the proposed code
amendmcnt's development standards. Even substantial remodels of existing structures
would not trigger this code provision.
For example, ifa retailer proposed to add 76,000 square feet of gross floor area to an
existing 100,000 square foot structure m tile CC-C zoning district, only the proposed
gross floor area (that exceeded the above noted gross floor area exemption) would be
required to comply with the code amendment's development standards. In this example,
the proposed gross floor area that would be subject to the supplementary development
standards would be 66, 000 square feet (76,000 square feet of proposed gross floor area-
l 0,000 square feet [ 10 percent] gross floor area exemption).
Al~plicabiliO, to Retail, Oj]fice. and/or Entertainment Uses - FWCP City Center Goal No.
Six directs thc City to, "Focus on improving tile existing character and imagc of the City
Center." The-existing character and image of the CC-C is currently defined by numerous
large-scale retail establishments and shopping centers. As noted above, the typical
development typology of these types of facilities includes large-scale single-story
buildings, with disproportionately large surface parking areas. In order to effectively
improve the character and image of the City Center and achieve better, more efficient nse
of land, all principal uses occupying these developments nmst be subject to the
development standards specified within the proposed code amendment. The uses that
typically occupy these facilities include retail and entertainment uses. While office uses
are not typically located within shopping centers, the proposed code amendments would
be applicable to office uses to prevent the development of the single-story "campus" style
office environment that would be inconsistent with the goals and policies of tile FWCP.
The types of businesses classified as retail uses include establishments selling a variety of
merchandise such as groceries, clothing, hardware, electronics, sporting goods, personal
care products, crc. Retail uses also include retail establishments providing banking and
financial se[vices. Examples of establishmems that would be classified as e~tertomme~t
uses include restaurants, taverns, health clubs, private clubs or lodges, movie theaters, and
gaming casiuos. Office uses typically include places of employment providing
following professional services: medical, dental, or other healthcare, accounting, Icgal,
architectural and engineering, or othcr similar services.
Thc CC-C zoning district has a considerable amount of cxistiug development, with
relatively few vacaut lots or parcels. As discussed in thc FWCP, it is vmticipatcd that a
cousidcrable amount of fi~turc development in the CC-C will occur through thc
rcdcvclopmeut of the district's numerous large surface parking lots. it is anticipated that as
property values ~isc ill thc CC-C, the land dedicated for large surface parking lots will
become to() valuable to usc as surface parking. These parking areas will likely bc replaced
with structured parking facilities, thus incrcasmg thc supply of developable land within thc
CC-C. These rcdevcloped "commercial pads" would likely be occupied by retail, office,
aud/or entertainment uses.
City Centcrggore Supple~nentary I)cvclopmen! Standards File #02-10218040-UI' / t)o~ ~ ~gst~
I'lmming Commission Staff Rcpo~l Page 4
75,000 ~5~uare Foe! Gross Floor Area Threshold- Proposed structures or increases to
existing gross floor area that are occupied by retail, office, and/or entertainment uses and
arc over 75,000 square feet in size xvould be subject to the development standards
specified in the proposed code amend~nent. Staff feels that stand-alone retail, office, and
entertainment developments exceeding 75,000 square feet and consisting of "typical"
single-story, warehouse-scale buildings result in inefficient and unattractive land use
patterns that detract from the FWCP goals of creating a pedestrian scale, mixed-use
environment that can accommodate the City's future growth.
Staff examined the sizes of large-scale standalone retail establishments and shopping
centers within the City of Federal Way and neighboring King County municipalities. This
research did not lead to any conclusive average or "typical" facility size. However, several
of these types of facilities, developed over the course of the last several years, have had
gross floor areas of approximately 150,000 square feet.
Option I-
75, 000 Square Foot Maximum Building Footprint - The City Center chapter of the
FWCP directs the City to concentrate new development in order to achieve a more
efficient use of land. As noted above, large-scale, stand-alone retail establishments
mid shopping centers found in both the City of Federal Way and neighboring
municipalities can have gross floor areas of approximately 150,000 square feet.
Because these facilities typically consist of single-story buildings, this type of
development results in a building footprint that represents a very inefficient use of
scarce CC-C land, and is not compatible with the goals and policies established in the
FWCP to promote a higher intensity of uses and pedestrian orientation.
A building footprint maximum that is significantly less than the footprint typically
associated with these types of uses would likely promote multistory development.
This multistory or "vertically oriented" development typology will create a more
intense use of CC-C land that promotes overall land use efficiency. Large-scale
retailers would adapt to this building footprint threshold by dividing operations
between the first two floors of a proposed structure.
The goal of promoting a distinct "urban center" within the downtown community is
not tmiquc to Federal Wa5,. Other cities, such as Bellevue, Redmond, Mill Creek, and
Renton, have also been actively promoting concentrated mixed-usc development
within their respective downtowns, lu addition, the retailer Fred Meyer has
successfully developed multi-story stores in the cities of Seattle, Redmond, and
Portland The "vertical mall," located north of Seattle's North Gate Mall, is auother
example of a development that has accommodated large-scale retailers (Target and
Best Buy) within a multistory structure.
I).
M~'nimum ofTt~rce ,¥[ories - Figure VII-6 of thc FWCP (Exhibit B) visually pomays
the envisioned City Center in the year 2025. This image, with its numerous
multistory buildings and mixed-use development, is representative of thc how thc
City Center could look upon successful implementation of the goals mid policies
adopted in the FWCP. These goals mid policies, as noted above, encourage a more
intense and efficient use of CC-C land, with a mix of compatible uses that will
improve the existing character and image of the CC-C.
City Center-Core Supplementary Development Stm~dards File #02-102180-O0-UP / t~o~. i.d. ~gs ~0
Planning Cmmnission Staff Report Page 5
Option One of the proposed code amendment would require retail, office, and/or
entertainment uses that exceed 75,000 square feet of gross floor area to be developed
in structures with a minimum of three stories. As noted above, based on the total
gross floor area of observed large,scale retail establishments, retailers would likely
occupy the first and second floors of the proposed structure. The additional gross
floor area created on the required third floor would provide an opportunity for uses
other than retail to occupy this floor. The required third floor could be occupied by
office uses to respond to the anticipated future demand for office space in the CC-C,
the ability of office uses to thrive in upper floor locations, and the ease of developing
a mixed-use structure to accommodate retail and office uses. In order to better
accommodate modern office floor plate requirements, the maximum required gross
floor area on the third floor has been limited to 50,000 square feet, which could be
reconfigured as two 25,000 square foot floor plates separated by internal courtyards,
etc. The mixing of retail and office uses within a single development will enhance the
attractiveness and liveliness within the CC-C, and thus implement the goals and
policies of the FWCP.
6. .Option II-
Provision of Multi-Unit Housing - The maximum building footprint limit, contained in
Option I, may be infeasible for certain types of businesses that require larger areas of
ground floor square footage. Examples of this type of development may include retail
shopping centers with multiple retail and entertainment uses requiring ground floor access
and visibility. To accommodate the needs of these types of businesses in a way that
implements the goals and policies of the FWCP, a second option has been incorporated
into the code amendment's development requirements that would permit the larger single-
story development, but with multi-unit housing located above any existing or proposed
structure.
The proposed code amendment's requirement to include multi-unit housing (under Option
II) would facilitate the construction of mixed-use commercial/residential development
within the CC-C. FWCP City Center Goal No. Seven directs the City to, "Encourage
housing opportunities in mixed residential/commercial settings. Promote housing
opportunities close to employment." Any multiunit housing, constructed as a part of
Option II, would be located within walking distance to employment, shopping
opportunities, and entertainment activities like movie theaters and restaurants. Promoting
residential development within walking distance to these businesses would help reduce the
dependency on automobile travel, while increasing the amount of pedestrian activity
within the City Center. In addition, constructing housing above any existing or proposed
structures located on the subject property would help redefine the existing character and
image of the CC-C by promoting multistory development.
Option 11 also requires at least 75 percent of the required residential dwelling nnits to have
a minimum gross floor area of 600 square feet. Staff is recommending this minimum size
requiremeut in order to ensure an adequate mix of housing types in Downtown Federal
Way. Staff has reammmended the minimum dwelling-unit size requirement in order to
prevent a developer from constructing an excessive amount of small efficiency style or
single-room occupancy (SRO) type units. Staff researched residential apartments that have
City Center-Core Supplementary Development Standards File #02-102 I80-O0-LIP / oo,. m ~8~9
Plamfing Cotmnission Staff Report Page 6
10.
recently been co~lstructcd as part of mixed-use development projects to gain an
understanding of the typical apartment types and sizes. This research revealed that
efficiency, or SRO units, are typically less than 600 square feet in size.
Alternative Features -The Planning Commission, as part of their recommendation to the
City Council, may also wish to consider incorporating alternative features into the code
amendment to create additional flexibility. The scope of the proposed code amendment
was presented during a recent Downtown Federal Way/SeaTac Mall redevelopment
brainstorming session. A suggestion was offered during the meeting to permit the
construction of the required housing (specified in Option II) on the ground level of an
affected subject property, as opposed to above an existing or proposed structure.
Staffbelieves that permitting the required housing to be located at ground level, versus
above an existing or proposed structure, would detract from the intent of the proposed
code amendment of promoting multi-story mixed-use development, that maximizes land
use efficiency. In evaluating this option, the Planning Commission may wish to consider
creating an incentive to constructing the above grade housing by requiring any ground
level housing to be constructed at an increased ratio. A poten.tial increased housing ratio
could be 1.25 units for each 1,000 square feet of gross floor area (versus one-unit/l,000
square feet for above grade housing). Having the required housing constructed at a higher
ratio would create an incentive to construct any required housing above an existing or
proposed structure.
ApplicabiliO, to the City Center-Core Zoning District - Staff is recommending application
of the proposed code amendments to the CC-C zoning district. This area of Downtown
Federal Wa3,, with its large developable sites such as the SeaTac Mall and the properties
located north of South 320t~ Street, will likely redevelop in the near future. Staffbelieves
the scope of the proposed code amendments.should be focused on the areas of Downtown
Federal Way that are most likely to redevelop in the near future.
Tile Planning Commission, as a part of their recommendation to the City Council, may
wish to consider expanding the scope of thc proposed code amendment to include the City
Center-Frame zoning district. As noted above, staff believes thc scope of the proposed
code amendment should be focused on the areas of Downtown Federal Way that arc most
likely to redevelop in thc near future. Thc CC-C, with its large "subject properties," such
as tile SeaTac Mall and tile properties located to tim north of South 320th Street, would be
the most probable area within Downtown Federal Way to redevelop in tile near future.
~5)anmary of l'ropoxed Development Standards For FWCC Section 22-977(2) - The
development standards specified m sub-section 2 (above) of the proposed code
amendment would be applicable to smaller-scale additions. These development standards
are nearly identieal to the standards presented in sub-section I of the proposed code
amendment, ltowcvcr, the minimum number of required floors has been reduced to two
floors, to accommodate thc smaller increases m existing gross floor area contemplated in
this scctiou of thc code amendment.
FWCC Section 22-977(3), 10 Percent or 25,000 Square Foot Gross Floor Area ExemI)tion
Staff is recommending the inclusion ora gross floor area exemption into the proposed code
amend~nent that would permit small increases over existing gross floor area to be exempt
City Center-Core Supplemm~tary Development Standards File #02-1021804)0-UP / oo~.i.o. ~gs~
Planning Commission Staff Report Page 7
from thc proposed code amendment's development standards. Staff is recommending a gross
floor area exemption of up to the lesser mnount of 25,000 square feet, or 10 percent of tile
total gross floc[ area existing, under construction, or proposed as a part of a complete
building permit application on the subject property as of the effective date of thc code
amendment. Staff feels the proposed gross floor area exemption is a reasonable'
accommodation for oxvners of developed subject properties to make necessary small
expansions to meet the short-term needs of existing and future tenants and/or currently
contemplated additions not yet applied for.
The reason for thc 25,000 square foot cap to this exemption is that a simple 10 percent
exemptioa would allow the SeaTac Mall for example, to increase the existing gross floor
area by 74,000 square feet, without being subject to the proposed development standards.
The Sea'l'ac Mall is the CC-C zoning district's largest existing structure (approx. 740,000
square feet of gross floor area). Staff has recommended the inclusion of a 25,000 square
foot maximum gross floor area exemption in order to prevent the construction cfa large
addition that would not be subjected to the proposed code amendment's development
standards. Permitting such a large-scale addition, on a site that could potentially redevelop
m the near future and would have a large impact, would be inconsistent with the adopted
goals and policies of the FWCP. Staff feels the proposed 25,000 square foot maximum
gross floor area exemption would allow reasonable small additions to meet the immediate
needs of existing tenants, and/or respond readily to wanted new opportunities/tenants.
11.
1,'11'('(; ,5'cctto~ 22-977(4), Dcfi~itio~ of Subjec! l'rol~erO, - FWCC Section 22-1 presently
contains the following definition of subject prol)erly, "Subject property means the entire
lot or parcel, or series of lots or parcels, on which a development, activity or use is or will
locate or on which any activity or condition regulated by or subject to this chapter is or
will occur to take place."
For purposes of tile proposed CC-C Supplementary Development Standards Code
Amendment and FWCC Section 22-339.1 only, staff is recommending expanding thc
existing FWCC definition of subject property to include all lots or parcels with structures
that arc physically and functionally interconnected. Staff feels that a potential developer
could potentially attempt to avoid being subjected to thc code amendment's development
standards by reorganizing a proposed dcvelopmeut into a myriad of ownership
arrangements, dispersing a single project onto multiple abutting lots or parcels, proposing
multiple structures or project ph~¢s, and/or submitting separate land usc permit
applications The existing FWCC definition of subject property does not contemplate this
potential devclot)mem scenario. Therefore, staff' is recommending expanding thc existing
FWCC del'tuition of subject property to ensure that all affected development proposals that
ate physically aud functionally integrated bc subject to the proposed code amcndmcnt's
developmcat standards.
.5',,t)jccz ]',-o/~crzie.v M~,/~--Staff' has prepared a map (Exhibit D) that identifies properties
within the City Center-Core and Frame zoniug districts that would meet thc proposed
definition of subject prope~lics. The properties identified in yellow shading contain
existing improvements with a gross floor area over 75,000 square feet. If the owner of
these propc~lies were to propose a gross floor area expansion that exceeded file above
noted gross floor area exemption (specified in section B. 10 above), these properties would
City Center-Core Supplcmc~¢ary Development Standarck'; File #02-1021804)0-UP / rx,¢. ~.o. ios~
I~lmming Commission Staff P, cpo~l Page g
13.
be subject to the proposed code mnend~nent's development standards. The properties
highlighted in grab' arc distinguished from the properties highlighted in yellow because
they have existiug improvements with less than 75,000 square feet of gross floor area.
However, due to the size of these subject properties, they could potentially contain a
structure(s) with gross floor area exceeding 75,000 square feet and occupied by retail,
office, and/or entertainment uses. In this potential development scenario, these properties
could be subject to the proposed code amendment's development standards.
1,¥4:CC Section 22-339. 1, $~ecial Provisions for the City Center Core Zoning District-
Code Amendment Related to Nonconformance - The proposed special provisions for the
City Center-Corc zo,fing district code amendment will amend FWCC Chapter 22, Article
IV, "Nonconformance." The proposed special provisions will exempt existing
development from having to comply with the development standards specified in the
proposed City Center-Core Supplementary Development Standards Code Amendment.
Due to the amount of existing development in the City Center-Core zoning district that
would be made nonconforming by the adoption of this code amendment, and the financial
cost of retrofitting m~ existing structure to comply with this proposed section of the
FWCC, staff feels that existing development should not be required to comply with the
proposed development requirements.
[ 1 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 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 rccommcndation to LUTC of thc City Council regarding adoption of
the proposed zoning code text amendment.
III PROCEI)URAL SUMMARY
October 13,2001
2cptcmbcr 10, 2002
$Cl)tcmbcr 18, 2002
Determination of Nonsignificance pursuant to State
Enviroumental Policy Act (SEPA)
Issuancc of DNS Adoption
I'ublic ltcarmg before the l'launing Commissiou
Cily Cenler-Core Supple~ncntary Devetopmcnl Standards File #02-102180-O0-UP / oo~ lo. ~9s~9
Platmmg Commission Slaff F, eporl Page 9
IV DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for zoning tcxt alnendments: The following section analyzes
the compliance of the proposed zoning text amendments with the criteria provided by FWCC
Section 22-528. The City may amend the text of the FWCC only if it finds that:
1. The proposed amend~nents are consistent with the applicable provisions of the comprehensive
plan;
The proposed FWCC text amendments related to developing supplementary development
standards within the CC-C zoning district and special nonconformance provisions within the
CC-C zoning district are consistent with, and substantially implement, the following FWCP
goals and policies:
CCG1
CCG2
CCG5
CCG6
CCG7
CCGIO
CC(; / 3
CC/'3
CC1'7
Create an identifiable City Center that serves as the social and economic
focus of the City. Define a City Center with distinct boundaries, unique
building types, and special features.
Attract a regional market for high quality office and retail uses which
increases employment opportunities, adds to the City's tax base, and
establishes Federal Way's City Center as an economic leader in the
South King County region.
Encourage a mix of compatible uses to maintain a lively, attractive, and
safe place to live, work, and visit.
Focus on improving the existing character and image of the City Center.
Encourage housing opportunities in mixed residential/commercial
settings. Promote housing opportunities close to employment.
Create an environment that attracts high quality housing, commercial,
and office uses. Develop requirements for buildings, streetscape, and site
design.
Focus new growth with higher demands for infrastructure and
transportatiou in the City Center, specifically thc core area. Allow for
higher intensity uses for efficient use of land.
Revise land usc regulations, as ncccssary, to allo~v thc higher intensity
development expected over the course of the next 15 to 30 years.
Allow for a variety of uses and nfixed-use development within buildings,
or complexes. Ensure that mixed-usc development complements and
enhances thc character of the surrounding residential and commercial
a FeaS.
City Center-Core Supplementary Development Standards File #02-102180-00-UP / o0:. i.D. 19819
Plan,m~g Commission Staff Report Page 10
CCGI 4
CCI' 19
CCP44
Increase housing opportunities and diversity of housing types within the
City Center, - including the Frame area.
Revise local zoning codes, site planning requirements, and street design
standards, as necessary to establish a more pedestrian and bicycle
friendly environment.
Site and orient buildings and parking to allow redevelopment of surface
parking.
2. The proposed amendments bear a substantial relationship to public health, safety, or welfare;
And
The proposed FWCC text amendments will help create an identifiable downtown that is the
social and economic focus of the City, promote housing opportunities close to employment,
promote development that consumes less land, and will improve the quality of urban design
within the CC-C zoning district, which will have a direct relationship to the public health,
safety, and welfare.
3. The proposed an~endment is in the best interest of the residents office City.
Tile proposed FWCC text amendments will create an identifiable downtown that is the social
and economic focus of thc City, promote housing opportunities close to employment, promote
development that consumes less land, and will improve the quality of urban design xvithin the
CC-C zoning district, which is in the best interest of the City's residents, as expressed in the
adopted FWCP.
g
PLANNING COMMISSION ACTION
Consistent with tile provisions of FWCC Section 22-539, the Plmming Commission may take tile
following actions regarding the proposed zoning code text amendments:
1. Recommend to City Council adoption of thc FWCC text amendments as proposed;
2. Modify thc proposed FWCC text amendments mid recommend to City Council
adoptiou of the FWCC text an~endmcnts as modified;
3. Recommend to City Council that thc proposed FWCC text amendments not be
adopted; or,
4. Forward the proposed FWCC text amendments to City Council without a
recommendation.
City Center-Core Supplementary Development Standards File #02-102180-00-LIP / oo~.~.~), t~s~0
Plamfing Commission Staff Report Page ! 1
Vi STAFF RECOMMENDATION
'File following motion is suggested:
Move to recommend to the City Council for adoption of the proposed FWCC text
amendments related to creating supplementary development standards and special
l~onconformance provisions within the CC-C zoning district (if changes occur as a result
of Planning Commission deliberations add, "...as amended by the Planning
Commission.").
VII EXHIBITS
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Proposed City Center-Core Supplementary Development Standards Code Amendment
Figure VII-6 of the FWCP
Proposed Special Provisions for the City Center-Core Zoning District Code Amenchnent
Map of City Center-Core and Frame Subject Properties
Proposed Code Amendment to Modify City Center-Core Retail Use Zone Chart
Proposed Code Amendment to Modify City Center-Core Office Use Zone Chart
Proposed Code Amendment to Modify City Center-Core Entertainment Use Zone Chart
Proposed Code Amendment to Modify FWCC Section 22-334, "Nonconforming
Development"
City Center-Core Supplementary Development Stan&rds
Planning Commission Staff Report
File//02-102180-00-UP / oo~. ~.o. ~gs t9
Page 12
22-977 City Center-Core Supplementary Development Slandards
,Og~j)roposcd structure or structures with cumulative gross floor- area over 75,000 sq. fl. or all
increase in gross floor area over 75,000 sq. ft. m the city center core zonina district containi~Le, retail.
off icc. and/or eutcrtamn~cnt nscs on a subject_property shall comply with tile following_:
£1 ) Tile cumulative building footprint of the structure or structures shall not exceed 75,000 sq. ft.; thc
structure or structures shall have a minimum of three stories; and the third sto~, of the structure or
combiued structures shall have a minimum gross floor area equal to thc lesser of.50,000 s~q=fi, or 80
percent of the second story; or
£2) For every 1.000 sq. ft. of proposed_gross floor area fllat is over 75.000 sq. fi.. the applicant shall
provide one dwelling unit of housing to be located above the ground floor of any existing_9_r proposed
structures on the subject property. At least 75 percent of the dwellin~ uuits shall have a minimum
gross floor area of 600 sq. fL
Lb_) Except as specified in FWCC 22-977(c), a proposed increase in gross floor area of less than 75.000
~sq. ft. m the city center core zoning district containing retail, office, and/or e-ntertaimnent uses. when
added to a subject property with existina cumulative gross floor area greater than 75,000 .sq. fl. occupied
by retail, office, aud/or entertainment uses. shall comply with the following2
(1) The structure or structures containing the proposed gross floor area expansion shall have a
miuimum oftxvo stories, and the second story_ of the structure or combined structures shall have a
minimum gross floor area equal to the lesser of 50,000 sq. ft. or 80 percent of the ground floor: or
(2) For every 1.000 sq. ft. of proposed gross floor area. the applicant shall provide one dwellint,, unit
of housing to be located above the ground floor of any existing or proposed structures. At least 75
perceut of the dwellin~ units shall have a minimum gross floor area of 600 sq. ft.
c_(~The requirements of FWCC 22-977(b) shall not be triggered by a proposed increase in gross floor
area up to the lesser amouut of 25.000 sq. ft. or 10 percent of the total gross floor area existiua, under
construction, or proposed as part ora complete buildingd~ermit aA~lication on a subject pro_petty as of the
effective date of this section.
dLd~ l~-orj)u~poscs of this section and FWCC 22-339.1, thc subject l~ertv shall include all lots or
parcels that contain cxistin~ and/or p~)osed retail, office, angor entertainment uses that arc physically
and fimctionallv interconnected. The criteria used to determine if two or more abutting~Js or parcels arc
considered physically and fimctionally interconnected,:mav iucludc, but arc not limited to.~common
owncrshil~ and/or usc of the lot or parcel, reciprocal a&cess and/or p~ shared facdltym~anag~mcnt
~nd~o[~ort services, and any of the followin~ common improvements: architectural dcsim~ features and
~¢at~[~als:~g~Ja~)dsc~)mg:j)arking~Gcilitics. rcstrooms, and/or common areas. If an cxistin~
l)yoposcd slruch~m or structtH-cs is located on two or more lots orparccls, or is included under a common
permit action with two or more lots or l~arccls, all lots or parcels containing, thc structure or structures shall
bc considered a single_subject p~)cOy Two or more abutting Iot~arccls containin~ development
activities proposed by thc same al~)licant or under review by thc community_ dcvcloRnmnt services or
l)¢blig 5vor¢&~Cl)~rtnEcnt5 at approximalclv thc same time shall bc considered a sin~c subject property.
EXHIBIT
PAGE OF_ t _
,Federal VYay Comprohen:;ive Plan - City Center
Illustration of City Ccntcr Evolution, 2025
For Illustrative l'urlmSCS Only
...... Hotel
o
--- Pedestri;m""
Pcdorming Arts Center and Pa~k ....
....... ttC 1 .%t:~tion arid Bus Mall
EXHIB~T
PAGE
¸,OF
VII 3;~
FWCC 22-339.1 Special Provisions for the City Center-COre Zoning District
(a) Proposed improvements to an existing structure or structures and/or changes in use shall not
trigger a requirement otherwise applicable under FWCC 22-334 that an applicant correct a
nonconformance if that nonconformance was created solely by the adoption of FWCC 22-977.
EXHIBIT_ C__
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Doc. I.D. 20088 --
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Federal Way City Code
Chapter 22, Article IV
22-334 Nonconforming development.
If any aspect, structure, improvement or development does not conform to the development
regulations prescribed in this chapter, that aspect, structure, improvement or development must be
brought into conformance or other~vise improved as set forth below.
(1) Change of use - Single-tenant site. If any applicant proposes a change of use on property used
or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director
'to be reasonably related and applicable to the change of use. These provisions shall apply to the entire
site.
(2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion
of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by
the director to be reasonably related and applicable to the change of use. These provisions shall apply
only to that geographic portion of the site related to the use or tenant space on which the change is
proposed.
(3) Increase in gross floor area. If an applicant proposes to increase the gross floor area ofm~y use
on the subject property in any one of the follow4ng ways, the applicant shall comply with the development
regulations in effect at the time of the proposal, as specified'below:
a. If expansion of gross floor area of an existing building occurs either through addition of
new floors within the structure or enlargement of the existing building footprint, the applicant shall
comply with all development regulations in effect at the time the expansion is proposed. If the property on
which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with
those development regulations applicable to the geographic portion of the site on which the expansion is
proposed; or
b. If a new and separate structure is being constructed on an already developed site, the
applicant shall comply with all development regulations applicable to the geographic portion of the site
on which the new structure and any related improvements are to be constructed.
(4) Abandonment. If an applicant proposes any work, including tenant improvements, on property
that has been abandoned. The applicant shall comply with all development regulations applicable to the
subject property, to the extent physically or technically practicable on the site.
(5) The usc conducted on the subject property has ceased for more than one year, in which case
tile applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing,
parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition
required by the requirements of approval of the existing development.
(6) The applicam is making any alteration or changes or doing any work, other than normal
maintenance or other than tenant improvements, in any one consecutive 12-month period to an
improvement that is nonconforming m~d thc fair market value of the alteration, change or other work
exceeds 50 percent of the assessed or appraised value of that improvement. The applicant may provide an
appraisal of the improvement. Thc appraisal must be from a source acceptable to the city. The director
may require the applicant to provide an appraisal from a second source acceptable to the city if the
assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by file
applicant or required by the city, tim larger of the two amounts shall be used. Itl the event this subsection
is triggered with respect to a siugle-tcnant or single-occupant site, tim applicant shall meet all
development regulations applicable to the property. In the event this subsection is triggered with respect
to a site occupied by multiple tenants or uses, the applicant shall comply with those development
regulations applicable to the geographic portion of file site on which the alteration, dtange or
improvement is proposed. For purposes of this determining value under this section, improvements
EXHIBIT_---fl-
PAGE ,_OF_2
required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk
improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/sidewalk
improvements) shall not be counted towards the 50 percent threshold which would trigger application of
this subsection.
This section does not govern apPlication of Article XIX, community design guidelines; application of
Article XIX is governed by FWCC 22-1630 through 22-1639, as amended. This section also does not
govern application of development regulations relating to water quality, signs, ov street/sidewalk
improvements~, or the city center core supplementary development standards; application of those
development regulations is governed by FWCC 22-337, 22-335, 22-336~ 8v, d 22-1472, and 22-339. I all as
amended. (Ord. No. 90-43, § 2(165.35(4)), 2-27-90; Ord. No. 91-113, § 4(165.35(4)), 12-3-91; Ord. No.
92-135, § 3(165.35(4)), 4-21-92; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord. No. 97-307, § 3, 12-16-
97)
Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-334 to read as
herein set out. Formerly, such section pertained to certain nonconformance specifically regulated -
nonconforming parking.
EXHIBIT
PAGE ; OF_
Doc. I.l:). --
CITY OF
Federal Way
To:
FROM:
VIA:
RE:
DATE:
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
Eric Faison, Chair
Land Usc and Transportation Committee (LUTC)
Lori Michaelson, AICP, Senior Planner
David Moseley, City Manager
Preliminary Plat of Colella Estates
Federal Way File No: 99-104323-00-SU
December 10, 2003
I. STAFF RECOMMENDATION
Staffrecommends the Land Use/Transportation Committee forward to the City Council a
recommendation approving the Colella Estates Preliminary Plat with conditions, based on the
findings and conclusions in the November 18, 2003, Recommendation by the Federal Way Hearing
Examiner.
II. SUMMARY OF APPLICATION
The applicant requests approval of an 86-1ot single-family cluster subdivision on 59 undeveloped
acres, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to
City Council approval. The proposal includes a 40-lot conventional subdivision for the southeasterly
14 acres of the 59-acre site; and a 46-1ot cluster subdivision for the northwesterly 45 acres of the site.
III. REASON FOR COUNCIL ACTION
Pursuant to FWCC Section 20-127(a), the City Council issues a final decision at a public meeting
after review of the Hearing Examiner's recommendation. Consistent with how land use matters are
currently processed by the City, preliminary plat applications are brought to City Council Land Use/
Transportation Committee for review and recommendation prior to review by the full Council.
IV.
HEARING EXAMINERS RECOMMENDATION
On November 18, 2003, the Federal Way Hearing Examiner issued a recommendation to approve
the proposed preliminary plat. A copy of the recommendation is enclosed. The Examiner's
recommendation includes all recommendations recommended by staff. The Examiner's
recommendation was issued following consideration of a staff report (enclosed*) and testimony
presented at the November 4, 2003, public hearing, and is subject to the following conditions.
Prior to the City's approval of engineering plans, all construction-related recommendations of
the applicant's geotechnical report, and conditions of preliminary plat approval, shall be
reflected on applicable construction drawings.
As required by the Directors of Community Development and Public Works, no grading or
clearing activities shall occur on the site between the dates of October 1st and April 30t~, in
order to prevent potential erosion impacts to steep slopes and/or sedimentation impacts to
adjacent major streams.
°
Prior to final plat approval, the plat map shall be revised to include a text note stipulating that
erosion control plans are required for construction of each individual lot. Any additional
recommendations related to future home construction, as may be identified by the on-site
geotechnical engineer during plat construction, shall be added to the plat map prior to final plat
approval.
4. Prior to final plat approval, a text note shall be added to the plat map indicating that maximum
lot coverage is 50 percent for lots zoned RS 15-0, and 60 percent for lots zoned RS 7.2.
Prior to final plat approval, the applicant shall submit a final landscape plan, prepared by a
licensed landscape architect, addressing all landscaping within plat boundaries; including open
space tracts, slope vegetation, revegetation of disturbed stream buffer areas, visual screening of
storm drainage tracts, and street trees; for review and approval by the Directors of Community
Development; Public Works; and Parks, Recreational, and Cultural Services (PARCS).
Prior to submittal to the City the landscape plan shall be reviewed and signed by a geotechnical
engineer and shall reflect all applicable recommendations contained in the applicant's
geotechnical report (Exhibit X of staff report to hearing examiner); and shall be reviewed and
signed by a qualified wetland biologist and shall reflect all applicable recommendations
contained in the applicant's Wetland Assessment and Stream Buffer Mitigation Plan (Exhibit X
to staff report). Pursuant to FWCC § 22-1286(d)(2); §22-1243, §22-1313(3), § 22-1358(e)(1),
the City may require the applicant to pay for the services of a geotechnical engineer and/or
wetland biologist to review plans, provide recommendations, and conduct inspections and/or
monitoring, on behalf of the City, as determined by the Community Development Director.
Prior to final plat approval, the applicant shall submit a final open space plan depicting the
location and design of playground equipment, for review and approval by the Directors of
Community Development and PARCS. As determined based on this review, the City may
require street signage regarding notification of park area(s) if located near a street curve with
limited sight distance, and/or' the City may require a raised and marked pedestrian pathway for
pedestrian safety.
Prior to final plat approval, as required by the Public Works Director, the plat map shall be
revised to include a text note stipulating that any open space tract owned by homeowners and
improved as required by the City's mid-block pedestrian standard shall be permanently
maintained per the constructed standard, with no obstructions or alterations thereto except
maintenance.
Doc. I.D. 25424 Permit #99-101323
Page 2
Prior to final plat approval and recording, as required by the Public Works Director, the plat
map shall be revised to include a text note stipulating that any landscaping or fencing within
private yards, and within common open space, where abutting any City-required mid-block
pedestrian pathway, shall not obscure views into the pedestrian pathway for safety purposes. ·
As required by the Public Works Director, construction plans shall reflect Department of
Ecology discharge standards for both class AA and Class A surface waters, as follows:
"Turbidity shall not exceed 5 NTU over background turbidity when the background turbidity is
50 NTU or less, or have more than a 10 percent increase in turbidity when the background
turbidity is more than 50 NTU." The applicant is required to meet this standard for all surface
water discharges into Lakota and Joe's Creek during construction and until at least 80 percent
of available lots are fully built upon and stabilized. In order to ensure compliance with this
standard the applicant is required to provide pre-disturbance monitoring values for background
turbidity on both creeks, and provide monitoring on a regular basis (storm event dependant)
during construction and as required by the City.
10.
As required by the Public Works Director, the Tract "O" detention pond shall be designed in
accordance with the "Resource Stream Protection" requirements of the 1998 King County
Surface Water Design Manual (KCSWDM) or as otherwise approved by the Public Works
Director.
11.
As required by the Directors of Community Development and Public Works, prior to final plat
approval, Lots #68 through #74 shall be converted to an open space tract, with an associated
text note stipulating that any subdivision, sale, or development of any or all of the tract area is
prohibited, until completion infiltration monitoring for Tract "D", as required by the City's
May 24, 2003 MDNS, and a determination of buildability is made by the City; and in the
interim such area shall not be sold by the developer; shall be stabilized with hydroseeding, and
be kept reasonably free of invasive vegetation. Alternatively, the applicant may propose an
alternative design that eliminates the infiltration impact, as documented in a geotechnical
report, and if city staff concurs with the alternative and determines it to be consistent with
preliminary plat approval, and if approved by Council, all or some of these lots could be platted
for sale and home construction.
12.
As required by the Director of Public Works, prior to final plat recording, the applicant shall
install signage at the north terminus of 30th Avenue SW, identifying the street for future
connection, as required by the Public Works Director.
13. All on site fencing associated with plat construction is subject to the City's final review and
approval of design, location, and any screening. Fencing shall allow for the migration of small
animals. Any chain link fencing, if approved by the City, shall be vinyl coated black or green,
and shall be screened with vegetation.
14. Rockeries and retaining walls associated with plat construction must reflect residential-scale,
design sensitive materials and landscaping where they are visible from adjacent residences or
usable open space.
15. As proposed by the applicant with the City's concurrence, the applicant will address potential
future traffic impacts to local neighborhood streets by performing a neighborhood traffic "after
study," to be performed when 75 percent of the buildable lots are occupied, and to set aside
$20,000 to be used to install additional traffic calming measures that may be identified by the
study, as required by the Public Works Director.
Doc. I.D. 25424 Permit #99-101323
Page 3
V. PROCEDURAL SUMMARY
July 14, 1999
May 24, 2003
October 18, 2003
November 4, 2003
November 18, 2003
December 15, 2003
January 6, 2004
Notice of Application issued
Mitigated Environmental Determination of Non Significance issued
Notice of Public Hearing issued
Hearing Examiner Public Hearing
Hearing Examiner Recommendation issued
City Council Land Use/Transportation Committee meeting
City Council meeting
VI. DECISIONAL CRITERIA
The Hearing Examiner may recommend approval of the preliminary plat to the City Council if the
following decisional criteria of FWCC Section 20-126(c) [as vested] are met.
1. It is consistent with the Federal Way Comprehensive Plan (FWCP).
It is consistent with all applicable provisions of the FWCC, including those adopted by
reference from the FWCP.
It is consistent with the public health, safety, and welfare.
It is consistent with the design criteria listed in section 20-2; and
5. It is consistent with the development standards listed in sections 20-151 through 157, and 20-
178 through 20-187.
Findings on how the preliminary plat application is consistent with these decisional criteria are
contained on pages 11 and 12 of the Hearing Examiner's recommendation. It should also be noted
that, in add{tion to meeting all cluster subdivision design criteria as vested and as required, the plat
also complies with recent code updates pertaining to design criteria for cluster subdivisions.
VII. COUNCIL ACTION
The Federal Way City Council's review of the application is limited to the record of the hearing
before the Hearing Examiner, oral comments received during the Public Meeting (so long as
those comments do not raise new issues or information contained in the examiners record), and
the Examiner's written report. The City Council may receive new information not in the record
pursuant to FWCC Section 20-127(b).
A draft resolution recommending approval of the proposed application as recommended by the
Hearing Examiner is included. After consideration of the record, the City Council may, by action
approved by a majority of the total membership, take one of the following actions, pursuant to
FWCC Section 20-127(c):
Doc. I.D. 25424
Page 4
Adopt the recommendation; or
Permit #99-101323
2. Deny the recommendation; or
3. Adopt their own recommendations; or
4. Remand thc preliminary plat back to the Hearing Examiner.
Enclosures:
Hearing Examiner Rccommendation, November 18, 2003
Staff Report to Hearing Examiner*
Draft Resolution
*NOTF~: A fid/cop)' of thc Slq[fReport to the tfearing Examiuer, with cxhibitx, is available i. lite City (?ouucil Room.
APPROVAL OF COMMITTEE REPORT
Eric Faison, Chair
Michael Park, Member
Dean McColgan, Member
Doc. I.D. 25424 Permit #99-101323
Page ~
CITY OF~
PO Box 9718
NOV 1 9 2003
Ci~ Clerks Oflice
__ Ci?y of Federal W3y(253) 66
~ederal Way, WA ~UO6~
-4000
-9718
November 14, 2003
Estate of Tony Colella
cio Tom Taaffe
P.O. Box 66706
Seattle, WA 98166
RE:
PRELIMINARY PLAT OF COLELLA ESTATES (a Conventional and Cluster
Subdivision), FWHE#03-07, 99-101323-00-SU & PROCESS IV STREAM
BUFFER INTRUSIONS
Dear Applicant:
Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner
relating to the request for stream buffer intrusion. Appeal procedures for this request are
contained on page 21 of this report.
The Recommendation of the City of Federal Way Hearing Examiner relating to the
preliminary plat is also contained within this report. The Federal Way City Council will set
this matter for a public meeting and will issue a final decision on this request (page 20).
Very truly yours,
HEARING EXAMINER
SKC/ca
cc: All parties of record
City of Federal Way
Page - 2
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MA-IEER OF:
COLELLA ESTATES
(A Cluster and Conventional Subdivision &
Process IV Stream Buffer Intrusions)
PROCESS IV
)
)
)
)
)
)
)
)
FWHE# 03-07
99-101323-00-SU
I. SUMMARY OF APPLICATION
The applicant is seeking preliminary plat approval pursuant to Federal Way city
Code (FWCC) Chapter 20, Subdivisions (FWCC Section 20-110), Division 6, Preliminary
Plat). In addition, the applicant is seeking Process IV Hearing Examiner approval for minor
intrusions into 100 foot major stream setback.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
November 4, 2003
November 18, 2003
At the hearing the following presented testimony and evidence:
1. Lori Michaelson, Senior Planner, City of Federal Way
2. Kurt Wilson, SBI, LLC, P.O. Box 73790, Puyallup, WA 98373
3. Tom Taaffe, Estate of Tony Colella, P.O. Box 66706, Seattle, WA 98166
4. Ardeth Garber, 2900 SW 312"~ Place, Federal Way, WA 98023
5. Diane Noble Gulleford, 2754 SW 314th St., Federal Way, WA 98023
6. Sarady Long, Traffic Engineer, City of Federal Way
Page - 3
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. Letter to Craig Stone dated October 15, 2003
3. Letter to Lori Michaelson dated October 27, 2003
4. Letter to Examiner dated October 21, 2003
5. Colella Preliminary Plat Map (Revised and Resubmitted 10/29/03
6. Power Point Presentation - Preliminary Plat of Colella Estates
7. List of Concerns - earthquake information submitted by Diana Noble
Gulleford
8. Subdivision Design Article III submitted by Sarady Long
III. FINDINGS
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
'2.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated in its entirety by this reference.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
The applicant has a possessory ownership interest in an irregularly shaped, 59
acre parcel of undeveloped property located in the northwesterly portion of the
city of Federal Way. The site is located noah of Southwest 320th Street and
extends from 315th Street North to a future 310~h Street North. The majority of
the developable portion of the site is located noah of Southwest 312th Street.
The applicant requests preliminary plat approval to allow subdivision of the site
into 86 single family residential lots. The applicant proposes a conventional, 14
acre, 40 lot subdivision for the southeasterly podion of the parcel; and a cluster,
Page- 4
o
o
45 acre, 46 lot subdivision for the northwesterly portion of the site. The applicant
also requests Process IV approval to allow limited intrusions into the required
100 foot setback from Lakota Creek.
PRELIMINARY PLAT
The conventional portion of the subdivision is located within the Single Family
Residential (RS-7.2) zone classification of the Federal Way City Code (FWCC)
and the cluster portion of the subdivision is located within the RS 15 zone
classification. The site plan shows five lots located on both sides of the
proposed extension of 315th Street, and 35 lots located north of Southwest 312th
Street and east of the future extension of 30th Avenue Southwest. Five lots
within the cluster plat abut the east side of 30th Avenue Southwest extended, and
the balance of the cluster plat is located west of said road.
The site plan shows the 30th Avenue Southwest extended from its present
terminus to the north property line of the site, a looped road system serving the
cluster subdivision, and a looped road system with cul-de-sacs serving the
conventional subdivision. 30th Avenue Southwest will provide direct access to
the site from Southwest 320th Street. The applicant will also extend 27"~ Avenue
Southwest into the eastern portion of the plat to provide a second access. The
existing 27th Avenue Southwest connects with 26th Avenue Southwest which
provides access onto Dash Point Road the intersection with Dash Point Road
occurs on the outside of a hairpin curve, and adequate sight distance is available
in both directions.
The main developable portion of the parcel consists of a rectangular area
situated on an upland ridge between two streams, Joe's Creek on the west and
Lakota Creek on the east. Both of the streams meet the FWCC definition of
"major stream", and slopes above the streams meet the FWCC definition of
"geological hazardous area". Both of the stream channels meet the definition of
"fish and wildlife habitat conservation area", and the Joe's Creek stream channel
and its ravine meet the Washington State Department of Fish and Wildlife
(WDFW) definition of "urban natural open space". The preliminary plat map
shows environmentally sensitive areas set aside in native growth protection
tracts (NGPT) and open space tracts.
The Lakehaven sewage treatment plant parcel abuts the north property line, and
the plant is located about 600 feet downhill from said property line. The
Lakehaven parcel is within the RS 15 zone classification. Parcels to the south
Page - 5
o
10.
11.
12.
are located within the RS 7.2 zone classification and are improved with single
family residential dwellings, multi family dwellings, and Decatur High School.
Parcels to the east are within both the RS 15 and RS 7.2 classifications and are
improved withsingle family residential dwellings and Dash Point Road. Parcels
to the west located in the RS 7.2 classification are improved with single family
and multi-family dwellings.
Previous uses on the parcel to include surface mining and forest products
caused substantial modification to natural grades, removal of second growth
timber and construction of roads. However, the applicant's geotechnical
engineering report states that the applicant can develop the site as planned,
subject to meeting all geotechnical recommendations. FWCC 20-1286 requires
the applicant to follow all such recommendations.
The applicant commissioned Brookdale Environmental to prepare a Wildlife
Habitat and Stream Assessment witch confirmed surface mine and logging
impacts. Present vegetation includes scrub shrub grassland in the abandoned
mines, and forested areas within the creek ravines and in undeveloped areas to
the north. A Wetland Assessment and Stream Buffer Mitigation Plan identified a
3,000 square foot regulated wetland on the northeast property boundary. The
applicant will maintain said wetland and an 100 foot wide undisturbed, wetland
buffer in a NGPT.
The applicant's Wildlife Habitat and Stream Assessment confirmed that Joe's
Creek on the west and Lakota Creek on the east meet the definition of "major
stream. The FWCC requires a 100 foot setback from the top of major stream
banks. The applicant proposes no intrusions into Joe's Creek or its associated
100 foot setback, but will need to intrude into the 100 foot setback from Lakota
Creek to connect plat utilities into existing sanitary and storm sewer lines, to
construct a pedestrian trail, and to landscape disturbed areas.
As previously found, the Joe's Creek stream channel and its ravine meet the
WDFW definition of "urban natural open space." The principal method to
mitigate wildlife impacts in such areas is to preserve as much of the
development as possible in open space. The applicant proposes to maintain 32
of the 59 acre site in open space, which calculates to 54% of the site. The
majority of the open space will include environmentally sensitive areas to include
streams and adjacent slopes. The._Wildlife and Stream Assessment noted the
existence of small animals, but suggests that previous logging and mining
activities caused large animals to relocate. Even though bald eagles have build
Page - 6
13.
14.
15.
16.
two nests within 1.5 miles of the parcel, the site provides no canopies suitable for
foraging and the creeks are too small for such activities. While Joe's Creek
previously supported runs of salmon, biologists observed no fish. Overall,
WDFW is pleased with the amount of open space protecting both major streams.
The cluster portion of the preliminary plat satisfies the density limitations set forth
in Section 20-153 FWCC. The code authorizes no more lots than could be
developed under the applicable zone classification. The code requires
subtracting the required open space and streets from gross land available, and
dividing the remainder by the minimum lot size of the underlying district. Based
upon said calculation, the applicant could obtain 85 lots in a conventional 45
acre plat, but requests 46 lots.
According to the Community Development Services Department staff report and
the preliminary plat map,. lot sizes within the cluster subdivision range from 7,500
square feet to 10,348 square feet and have an average lot size of 8,021 square
feet. Section 20-154 FWCC authorizes reduction of lots in cluster subdivisions
"up to one-half of the size of the underlying zoning requirement". The applicant
proposes the cluster subdivision for the portion of the property within the RS 15
classification which requires a minimum 15,000 square foot lot size. The cluster
subdivision therefore satisfies the FWCC minimum lot size requirement.
Section 20-154 (b)(3) FWCC provides that where lots in a cluster subdivision
abut established single family dwellings or a single family zone, the minimum lot
size must equal the neighboring lot size or the underlying zoning minimum lot
size minus 10%, whichever is smaller. In the present case lots 61 through 67
abut an established multi-family residential use and therefore said section is not
technically applicable. However, lots 61-67 measure between 10,348 square
feet and 10,094 square feet, or 40% larger than the minimum lot size required in
the abutting RS 7.2 zone classification.
Prior to obtaining approval of a cluster subdivision, the applicant must establish
that the request satisfies the criteria set forth in Section 20-154 FWCC. Findings
on each criteria are hereby made as follows:
(a) The cluster subdivision provides an innovative development which promotes
the goals of the comprehensive plan to include architectural compatibility with
single family housing on adjacent parcels. Exterior lots abut only a multi-
family development along the plat's south property line. Lots along the west
property line abut the Joe's Creek ravine which, measures 661 feet in width;
Page - 7
17.
18.
lots to the east abut lots and tracts within the subdivision; and lots to the
north abut the parcel owned by the Lakehaven sewer utility. The applicant
has presented examples of homes which will fit well on subdivision lots, and
the. cluster subdivision, allows the applicant to maintain the Joe's Creek and
Lakota Creek stream beds and ravines in their natural condition.
(b)
The subdivision provides common open space on substantially more than
10% of the gross land area, and as previously found, 54% of the parcel will
remain in open space.
(c)
As previously found the only lots abutting an exterior property line abut either
the Lakehaven parcel or a multi family parcel. The lot sizes and architecture
will be compatible, and the cluster subdivision will not result in destruction or
damage to natural scenic or historic features. The City will assure that each
dwelling unit will meet the design standards set forth in the Community
Design Guidelines For Cluster Subdivision.
The staff report and preliminary plat map show that conventional lots range in
size from 7,200 to 12,633 square feet and have an average lot size,of 7,553
square feet. All lot sizes therefore meet the minimum 7,200 square feet as
required by the RS 7.2 zone classification.
The FWCC requires 15% of the site to remain in open space, and that the open
space for the cluster subdivision must be located on site and usable. As
previously found the preliminary plat map shows 54% of the site in conservation
and usable open space tracts. All usable open space will be available to both
the conventional and cluster portions of the plat. Usable open space in the
cluster subdivision measures 6.76 acres or 15% of the 45 acre parcel, and
usable open space measures 2.08 acres or 15% of the 13.86 acre conventional
plat. Usable open space will include structured play areas, a pedestrian trail
system, two large tot lots improved with playground equipment, and unimproved
recreational open space. The Federal Way Director of Parks, Recreation, and
Cultural Services (PARCS) has reviewed and accepted the preliminary open
space and landscape plans. The director must approve the final design and
location of playground equipment and landscaping. The director has also
agreed that the homeowners association may own and maintain all usable open
space, as public dedicaticn would not fulfill the goals of the Federal Way Parks
Comprehensive Plan.
19. The preliminary landscape plan satisfies the requirements of FWCC Chapter 20
Page - 8
as it includes landscaping of the onsite storm drainage ponds and the installation
of street trees along public roads. The plan also shows landscaping within
usable open space tracts, vegetation enhancement along the tops of slopes, and
re-vegetation of the slopes above Lakota Creek.
20.
The tree plan and significant tree inventory establishes that 20 of the total of 29
significant trees within the proposed grading areas will be removed. However,
the project shows retention of all significant trees and vegetation on steep slopes
and within the wetland and its setback. The landscape plan reflects planting of
approximately 148 conifer trees within Open space and recreational areas. The
proposal greatly exceeds code requirements for retention and/or replacement of
significant trees.
21.
As previously found extensions of the existing 30"' Avenue SoUthwest and 27"`
Avenue Southwest will provide access to the subdivision. In addition, consistent
with FWCC and comprehensive plan policies, the applicant will extend two
existing two dead end streets (312"` Avenue Southwest, and 315"' Avenue
Southwest) from their current terminus to 30"` Avenue Southwest. The applicant
will also construct 30"` Avenue Southwest to the north properly line to
accommodate future extensions.
22.
In compliance with the FWCC, the applicant will install five foot wide sidewalks
on both sides of all interior streets and exterior street frontages. In accordance
with FWCC 20-156, the plat shows 20 foot.wide, mid-block, pedestrian and
bicycle access at appropriate locations.
23.
The Mitigated Determination of Non-Significance (MDNS) issued by the city
environmental official following review under the State Environmental Policy Act
(SEPA) requires mitigation of significant traffic impacts. The applicant must pay
the project's pro rata share contribution for city transportation improvement
projects in a total amount of $53,600.00. The applicant will also construct six
speed humps with associated signs and pavement marking. The Traffic Impact
Analysis (TIA) recommends two speed humps on 312th Street, two on 315"'
Street, and on each on 26"' Avenue and 27"` Avenue. The Public Works director
will determine the location of the speed humps as part of the engineering plans
review and approval. Because of significant traffic concerns raised by residents
of the area, the TIA included a "neighborhood scale traffic impact analysis." The
applicant also voluntarily proposed to address future traffic impacts to local
streets by performing a neighborhood traffic "after study" upon occupation of
75% of the buildable Iots,'and will set aside $20,000.00 to construct additional
Page - 9
24.
25.
traffic calming measures deemed necessary. The "after study" appears a
reasonable method to address the longer term impacts to neighborhood streets
that cannot reasonably be identified until the occupation of a majority of the
subdivision homes.
Residents of the area raised concerns regarding traffic impacts associated with
the opening of SW 312"' St. and SW 315"' St. Residents also asserted that plat
traffic will require a traffic signal at the intersection of 30"~ Avenue SW and SW
320t~ St. The City and the applicant evaluated the need for a traffic signal at the
30"¥312~ intersection and determined that the traffic generated by the plat will
not cause the intersection to meet the warrants for a signal. Extension of 312th
and 315t~ meet adopted policies of the comprehensive plan and standards of the
FWCC. Policy TP 20 encourages the City to take advantage of opportunities to
open new road connections and to create route alternatives especially in areas
with few access choices. Policy TP 21 encouragos the City to enhance traffic
circulation and access with closer spacing 'of through streets. Said policy
encourages collector streets approximately every 660 feet in the City Center and
one quarter mile elsewhere, and local streets with the maximum block perimeter
of 2,640 feet. Policy TP 26 encourages the City to employ traffic calming
measures in neighborhoods, and Policy TP 28 encourages improved safety on
residential streets by reducing street widths and maintaining on-street parking.
Such will reduce design speeds and discourage speeding. Section 20-148(c)(d)
FWCC prohibits cul-de-sacs longer than 660 feet and provides that block
perimeters should not extend more than 2,640 feet. In addition to the speed
humps, the City will either install a stop sign or traffic circle at the intersection of
30t"/312t~, and the applicant will improve the sight distance at the 314th/30t~
intersection. While the access onto Dash Point Road from 26t~ Avenue E. is at a
hairpin corner, said intersection has no sight distance problems and the accident
analysis shows no safety issue.
The applicant must construct all streets to FWCC standards to include the
following: a) internal plat roads to city local access street standards which
include a 32 foot paved width, curb, gutter, street trees, sidewalk, and street
lights within a 56 foot right of way; b) existing access streets (30t~ Avenue, 27th
Avenue, and 314t~ Street) to minor collector standard (30t" will have half street
improvements which include paving, curb, gutter, street trees, and sidewalk, and
street lights at appropriate locations; c) extension of the dead-end streets of 312th
and 315t" Streets Southwest to 30t~ Avenue Southwest to city local streets
standards which include curb, gutter, sidewalks, street trees, and street lights at
locations determined during engineering plans review, and the pavement Width
Page- 10
26.
27.
28.
29.
to match the existing streets.
The applicant must make a per lot payment in accordance with the city School
Impact Fee Ordinance to the Federal Way School District to offset the impacts
on the district of school-aged children residing in the plat. Children residing in
the subdivision will attend Twin Lakes Elementary School, Lakota Junior High,
and Decatur High School. The school district agrees that safe walking paths
serve Lakota and Decatur and recommends no additional improvements for safe
school routes. Even though a more direct route, the school district does not
encourage students to walk to Lakota via SR 509. The district will bus students
to Twin Lakes Elementary.
The Lakehaven Utility District has submitted a certificate of water availability
confirming that it will provide both domestic water and fire flow to the site. The
Federal Way Fire Department requires a fire hydrant within 350 feet of each lot
and will determine the exact number and location of such hydrants during plat
construction.
The Lakehaven Utility District will provide sanitary sewer service to each lot, and
as previously found, will provide public water.
The project is vested under the 1990 King County Surface Water Design Manual
and the Executive Proposed Basin Plan-Hylebos Creek and Lower Puget Sound.
The storm drainage plan proposes to collect and convey water through a series
of pipes and catch basins into separate retention/detention ponds within the
Joe's Creek and Lakota Creek basins. Drainage for the east basin (Lakota
Creek) will collect in an open, detention/water quality wet pond located in Tract O
in the northeast corner of the site. The pond will detain and filter storm water
which will then flow in a tight line to a new, underground, storm pipe which will
connect to an existing storm pipe which discharges water to Lakota Creek.
Storm water discharging to the west (Joe's Creek) will flow through a water
quality bioswale into a retention/infiltration pond on Tract D, separated from the
ravine by an internal plat road and a tier of lots. The bottom of the pond will
measure approximately 12 feet below existing grade and will infiltrate all storm
water into the ground such that no water will discharge to Joe's Creek. An
emergency overflow to accommodate events beyond the 100 year, seven day
storm will direct water to the eastern detention pond and ultimately to Lakota
Creek. The geotechnical report anticipates that the infiltrating ground water will
follow the hydraulic gradient which generally corresponds to surface topography.
However, a component of the water will flow westerly towards Joe's Creek. An
Page - 11
increase in seepage in the ravine slope could cause a future surficial movement
of the slope at the seepage elevation. A mitigating measure in the MDNS defers
home construction Lots 68-74 between the detention pond and the ravine until
completion of an infiltration monitoring period. The monitoring will determine the
buildability.of said lots. The applicant must show the area of Lots 68-74 as an
open space/potential future development tract with an explanatory text note; or
propose an alternative design that eliminates the infiltration impact.
30.
The applicant proposes to locate storm drainage pipe, sewer lines, and a
pedestrian trail into portions of the top and toe of the Lakota Creek slope. The
applicant also proposes to install bioremediation or stabilizing vegetation and
fencing to discourage access by people or pets. The City Director of Community
Development in accordance with the authority set forth in Section 22-1286
FWCC has properly approved the above described intrusions into "geologically
hazardous areas". The bulk of the intrusions are either within or adjacent to an
existing abandoned mining/logging road adjacent to the easterly slopes of the
site. The geotechnical report evaluated and provided recommendations related
to these requests. The Community Development Director reviewed and properly
approved the request as being consistent with all decisional criteria set forth in
FWCC 22-1286, provided that the applicant meets all recommendations of the
geotechnical report which are included as conditions of approval.
31.
Prior to approving the preliminary plat application, the Examiner must find that
the project satisfies the decisional criteria set forth in FWCC 20-126(c). Findings
on each criteria are hereby made as follows:
As previously found, the preliminary plat application is vested under the
2000 Comprehensive Plan which designates the parcel for development
with high density and medium intensity single family dwellings. The
proposal satisfies said designation.
Bo
The project complies will all applicable provisions of Chapter 20 FWCC
including those adopted by reference from the comprehensive plan as
well as all applicable state and local codes, policies, and regulations.
The project is consistent with the public health, safety, and welfare
assuming compliance with conditions of approval.
Do
The preliminary plat is consistent with the design criteria set fodh in
FWCC 20-2. The project promotes an effective use of land and does not
Page- 12
constitute overcrowding, nor will it overtax utilities and infrastructure. The
traffic improvements will ensure that the plat avoids congestion, and will
also promote safe and convenient travel on City streets. The plat provides
for adequate light ~nd air, water, sewage, drainage, parks and
recreational areas, schools and school grounds, and other public
requirements such as safe walking conditions. The road system will
provide proper ingress and egress, and the subdivision will provide an
attractive location for a subdivision serving the needs of the community.
The FWCC requires uniform monumenting of land divisions and the
conveyance of accurate legal descriptions. The MDNS and ordinances
assure the protection of environmentally sensitive areas, and the applicant
has proposed a cluster subdivision to acCommodate the protection of
streams, wetlands, steep slopes, and other environmentally significant
areas on the site.
32.
The preliminary plat satisfies all design criteria set forth in Sections 20-151-157
as previously found.
PROCESS IV REQUEST TO INTRUDE INTO STREAM SETBACK
33.
Construction of the subdivision requires intrusion into the required, 100 foot setback
from Lakota Creek. The applicant must extend storm drainage and sanitary sewers
to their present existing outfall points adjacent to the stream, and also desires to
establish a pedestrian trail °ver the top of said utilities. The pathway will follow the
same alignment as the new storm pipe and sanitary sewer pipe. The applicant
proposes to extend the storm drainage pipe from the Tract O storm drainage facility
beneath an existing, abandoned, gravel or dirt road to an existing, storm water
outfall within the stream setback. The sewer line will consist of an overland, high
density, polyethylene pipe descending the Lakota Creek slope from 27th Avenue SW
to the gravel road, and then following beneath said road bed to an existing sewer
manhole and outfall within the stream buffer. The storm pipe will extend
approximately 50 linear feet into the stream buffer and the sanitary sewer pipe will
extend approximately 60 linear feet into said buffer. The applicant will revegetate
areas disturbed by improvements, and vidually all intrusions will occur within the
existing gravel road bed.
34.
The FWCC authorizes the hearing examiner to grant stream setback intrusions
following a public hearing and finding that the request satisfies the decisional criteria
set forth for stream setback intrusions and for Process IV approval. Findings are
hereby made on the stream setback intrusion criteria set forth in FWCC 22-445 as
Page - 13
follows:
The intrusion will not adversely affect water quality. Construction of the
utilities and pedestrian trail in accordance with applicable state and local
codes, policies, and regulations as well as with geotechnical
recommendations and conditions of preliminary plat approval will ensure
protection of water quality. Because. the utility lines will follow an existing
did/gravel road, no new disturbance will occur. Revegetation of disturbed
stream buffer areas will provide additional filtering of Surface water drainage.
Bo
The intrusion will not adversely affect the existing quality of wildlife habitat
within the stream or setback area. The applicant proposes no structures or
clearing within 210-260 feet from the west bank of Lakota Creek, and the
proposed pedestrian trail will accommodate non-motorized traffic only.
Compliance with adopted storm drainage criteria Will ensure no adverse in-
stream habitat impacts. Revegetation of areas disturbed within the area will
provide enhanced habitat opportunities and additional shading for in-stream
habitat.
The intrusion will not adversely affect drainage or storm water retention
capabilities. As previously found, all storm drainage facilities must meet
adopted City criteria.
The construction will not lead to unstable earth conditions nor create erosion
hazards. The installation of Utilities and the pathway will not modify existing
topography and will consist of construction of utility trenches and trail
surfacing. The applicant will implement a temporary erosion control plan in
accordance with City standards, and a geotechnical engineer will oversee
grading and filling activities. Conversion of the existing road bed to a
pedestrian trail will prohibit its future use by motor vehicles.
Bo
The intrusion will not materially detrimentally impact any property in the area
of the proposed work nor the City as a whole, including the loss of significant
open space. The only property affected is owned by the applicant and is part
of the preliminary plat which will preserve the Lakota Creek ravine in
conservation open space.
The intrusion is necessary for development of the subject property. Sewers
and storm water disposal are essential components of plat infrastructure. No
reasonable alternatives exist for the extension of sanitary sewers or the
Page- 14
discharge of storm drainage.
35.
Prior to gaining approval of the requested intrusion, the applicant must show that
the request satisfies the Process IV criteria as set forth in FWCC 22-1312. Findings
on each criteria are hereby made as follows:
Ao
The intrusion is consistent with the comprehensive plan which is used as a
basis for zoning and SEPA review. The overall project has undergone both
zoning and SEPA review and is consistent with both. The project complies
with the comprehensive plan designations for the site, and the requested
intrusions will enable development consistent with the intent of the
comprehensive plan.
Bo
The intrusion is consistent with applicable provisions of the FWCC and all
other applicable laws to include FWCC Chapter 22, Zoning, and Chapter 20,
Subdivisions.
Co
The proposed intrusions will benefit the public health, safety, and welfare by
providing sanitary sewer service and adequate storm drainage facilities to a
proposed preliminary plat which complies with both the comprehensive plan
and zoning regulations.
Do
As previously found, streets and utilities in the area of the subject property
are adequate to serve its anticipated demand.
The proposed access to the property is at the optimal location and
configuration.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
o
The applicant has established that the request for preliminary plat approval is
consistent with the Federal Way Comprehensive Plan and all criteria set forth in the
Federal Way City Code to include the bulk requirements of cluster subdivisions, and
the RS 7.2 and the RS 15 zone classifications.
Page - 15
The applicant has established that the preliminary plat makes appropriate provision
for the public health, safety, and general welfare for open spaces, drainage ways,
streets, roads, alleys, other public ways, potable water supplies, fire protection,
sanitary waste, parks and recreation, schools and school grounds, and safe walking
conditions.
The applicant has established that the request to intrude into the 100 foot wide,
major stream setback satisfies all criteria set forth in FWCC 20-445 and FWCC 22-
1312. The proposed preliminary plat coupled with the stream intrusion will serve the
public use and interest by providing an attractive location for a single family
residential subdivision located on a site previously used for a surface mine and
timber production. The proposed plat will maintain the Joe's Creek ravine and the
Lakota Creek ravine in their natural conditions, will serve the public use and interest,
and therefore should be approved subject to the following conditions:
Prior to the City's approval of engineering plans, all construction-related
recommendations of the applicant's geotechnical report, and Conditions of
preliminary plat approval, shall be reflected on applicable construction
drawings.
As required by the Directors of Community Development and Public
Works, no grading or clearing activities shall occur on the site between the
dates of October Ist and April 30t~, in order to prevent potential erosion
impacts to steep slopes and/or sedimentation impacts to adjacent major
streams.
Prior to final plat approval, the plat map shall be revised to include a text
note stipulating that erosion control plans are required for construction of
each individual lot. Any additional recommendations related to future
home construction, as may be identified by the on-site geotechnical
engineer during plat construction, shall be added to the plat map prior to
final plat approval.
Prior to final plat approval, a text note shall be added to the plat map
indicating that maximum lot coverage is 50 percent for lots zoned RS 15-
0, and 60 percent for lots zoned RS 7.2.
Prior to final plat approval, the applicant shall submit a final landscape
plan, prepared by a licensed landscape architect, addressing all
landscaping within plat boundaries; including open space tracts, slope
Page- 16
vegetation, revegetation of disturbed stream buffer areas, visual screening
of storm drainage tracts, and street trees; for review and approval by the
Directors of Community DevelOpment; Public Works; and Parks,
Recreational, and Cultural Services (PARCS).
Prior to submittal to the City the landscape plan shall be reviewed and
signed by a geotechnical engineer and shall reflect all applicable
recommendations contained in the applicant's geotechnical report (Exhibit
X); and shall be reviewed and signed by a qualified wetland biologist and
shall reflect all applicable recommendations contained in the applicant's
Wetland Assessment and Stream Buffer Mitigation Plan (Exhibit X).
Pursuant to FWCC § 22-1286(d)(2); §22-1243, §22-1313(3), § 22-
1358(e)(1), the City may require the applicant to pay for the services of a
geotechnical engineer and/or wetland biologist to review plans, provide
recommendations, and conduct inspections and/or monitoring, on behalf
of the City, as determined by the Community Development Director.
Prior to final plat approval, the applicant shall submit a final open space
plan depicting the location and design of playground equipment, for
review and approval by the Directors of Community Development and
PARCS. As determined based on this review, the City may require street
signage regarding notification of park area(s) if located near a street curve
with limited sight distance, and/or the City may require a raised and
marked pedestrian pathway for pedestrian safety.
Prior to final plat approval, as required by the Public Works Director, the
plat map shall be revised to include a text note. stipulating that any open
space tract owned by homeowners and improved as required by the City's
mid-block pedestrian standard shall be permanently maintained per the
constructed standard, with no obstructions or alterations thereto except
maintenance.
Prior to final plat approval and recording, as required by the Public Works
Director, the plat map shall be revised to include a text note stipulating
that any landscaping or fencing within private yards, and within common
open space, where abutting any City-required mid-block pedestrian
pathway, shall not obscure views into the pedestrian pathway for safety
purposes.
9. As required by the Public Works Director, construction plans shall reflect
Page- 17
Department of Ecology discharge standards for both class AA and Class
A surface waters, as follows: "Turbidity shall not exceed 5 NTU over
background turbidity when the background turbidity is 50 NTU or less, or
have more than a 10 percent increase in turbidity when the background
turbidity is more than 50 NTU." The applicant is required to meet this
standard for all surface water discharges into Lakota and Joe's Creek
during construction and until at least 80 percent of available lots are fully
built upon and stabilized. In order to ensure compliance with this standard
the applicant is required to provide pre-disturbance monitoring values for
background turbidity on both creeks, and provide monitoring on a regular
basis (storm event dependant) dudng construction and as required by the
city.
10.
As required by the Public Works Director, the Tract "O" detention pond
shall be designed in accordance with the "Resource Stream Protection"
requirements of the 1998 King County Surface Water Design Manual
(KCSWDM) or as otherwise approved by the Public Works Director.
11.
As required by the Directors of Community Development and Public
Works, prior to final plat approval, Lots #68 through #74 shall be
converted to an open space tract, with an associated text note stipulating
that any subdivision, sale, or development of any or all of the tract area is
prohibited, until completion infiltration monitoring for Tract "D", as required
by the City's May 24, 2003 MDNS, and a determination of buildability is
made by the City; and in the interim such area shall not be sold by the
developer; shall be stabilized with hydroseeding, and be kept reasonably
free of invasive vegetation. Alternatively, the applicant may propose an
alternative design that eliminates the infiltration impact, as documented in
a geotechnical report, and if city staff concurs with the alternative and
determines it to be consistent with preliminary plat approval, and if
approved by Council, all or some of these lots could be platted for sale
and home construction.
12.
As required by the Director of Public Works, prior to final plat recording,
the applicant shall install signage at the north terminus of 30t" Avenue
SW, identifying the street for future connection, as required by the Public
Works Director.
13.
All on site fencing associated with plat construction is subject to the City's
final review an approval of design, location, and any screening. Fencing
Page - 18
shall allow for the migration of small animals. Any chain link fencing, if
approved by the City, shall be vinyl coated black or green, and shall be
screened with vegetation.
14.
Rockeries and retaining walls associated with plat construction must
reflect residential-scale, design sensitive materials and landscaping where
they are visible from adjacent residences or usable open space.
15.
As proposed by the applicant with the City's concurrence, the applicant
will address potential future traffic impacts to local neighborhood streets
by performing a neighborhood traffic "after study," to be performed when
75 percent of the buildable lots are occupied, and to set aside $20,000 to
be used to install additional traffic calming measures that may be
identified by the study, as required by the Public Works Director.
DECISION:
The request for Process IV approval to allow intrusion into 100 foot wide setback from
Lakota Creek is hereby granted subject to the conditions contained in the conclusions
above.
RECOMMENDATION:
It is hereby recommended that the Federal Way City Council approve the preliminary plat
of Colella Estates subject to the conditions contained in the conclusions above.
DATED THIS 18th DAY OF November, 2003.
·
Hearing Examiner
TRANSMITTED THIS 18th DAYOF November, 2003, to the following:
AGENT:
Kurt Wilson
SBI, LLC Land Development
P.O. Box 73790
Puyallup, WA 98373
Page- 19
ENGINEER:
Mounir "Tom" Touma, PE/PLS
Touma Engineers & Land .Surveyors
6632 South 191st Place, Suite E-102
Kent, WA 98032
OTHERS:
Diana Noble-Gulliford 2754 SW 314th St.
Ardeth Garber 2900 SW 312"' Place
Estate of Tony Colella Tom Taaffe P.O. Box 66706
Dimitry L. Tihomirov
Michael Uggen
Tim Miller
Chris Broyces
Ed Flanigan
Ronda Sims
2741 SW 314th St.
2724 SW 312t~ Place
1607 E. Main Street
2748 SW 315th St.
826 SW 355th Ct.
2722 SW 314th St.
City of Federal Way
cio Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
Federal Way, WA 98023
Federal Way, WA 98023
Seattle, WA 98166
Federal Way, WA 98023
Federal Way, WA 98023
Auburn, WA 98002
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Page - 20
PRELIMINARY PLAT OF COLELLA ESTATES
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of the
hearing before the headng examiner, oral comments received during the public meeting (so
long as those comments do not raise new issues or information not Contained in the examiner's
record) and the hearing examiner's written report. These materials shall be reviewed for
compliance with decisional criteria set forth in section 20-126. The city council may receive
new evidence or information not contained in the record of hearing before the hearing
examiner, but only.if that evidence or information: (i) relates to the validity of the hearing
examiner's decision at the time it was made and the party offering the new evidence did not
know and was under no duty to discover or could not reasonably have discovered the evidence
until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or
omitted the evidence from the record. If the city council concludes, based on a challenge to the
hearing examiner recommendation or its own review of the recommendation, that the record
compiled by the hearing examiner is incomplete or not adequate to allow the city council to
make a decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary findings
and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the preliminary plat is
necessary, the city council shall adopt its own recommendations and approve or disapprove the
preliminary plat.
As part of the final review, the city council may require or approve a minor modification to the
preliminary plat if:
(a)
(b)
(c)
(d)
The change will not have the effect of increasing the residential density of the plat;
The change will not result in the relocation of any access point to an exterior street from
the plat;.
The change will not result in anY loss of open space or buffering provided in the plat;
and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter the
project.
Page - 21
PROCESS IV STREAM BUFFER INTRUSIONS
PROCESS IV
Rights to Appeal
Decisions of the hearing Examiner may be appealed by any person who is to receive a
copy of that decision under FWCC Section 22-443.
The appeal, in the form of a letter of appeal, must be delivered to the Department of
Community Development Services within fourteen (14) calendar days after the issuance
of the Hearing Examiner's decision. The letter of appeal must contain:
o
A statement identifying the decision being appealed, along with a copy of
the decision;
o
A statement of the alleged errors in the Hearing ExaminerEIs decision,
including specific factual finds and conclusions of the Hearing Examiner
disputed by the person filing the appeal; and
o
The appellant's name, address, telephone number and fax number, and
any other information to facilitate communications with the appellant.
The person filing the appeal shall include, with the letter of appeal, the fee established
by the City of the costs of preparing a written transcript of the hearing (or in the
alternative, the appellant may prepare the transcript at his or her sole costs from tapes
of the hearing provided by the City).The appeal will not be accepted unless it is
accompanied by the required fee and cost (or agreement of the appellant to prepare the
transcript).
Appeals from the decision of the Hearing Examiner will be heard by The City Council.
The decision of City Council is the final decision of the City.
The action of the City in granting or denying an application under this article may be
reviewed pursuant to RCW 36.70C in the King County Superior Court. The Land Use
Petition must be filed within twenty-one (21) calendar days after the final land use
decision of the City.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS, THE COLELLA ESTATES PRELIMINARY PLAT,
FEDERAL WAY FILE NO. 99-101323-00-SU.
WHEREAS, the owner(s), Soundbuilt Homes (SBI, LLC) and others through written authorization,
applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known
as Colella Estates Preliminary Plat, consisting of 59 acres, into eighty-six (86) single family residential
lots, in a combination conventional and cluster configuration, located north of Southwest 320th Street
along and north of 30ta Avenue SW (if extended); south and west of Dash Point Road; and betWeen
"Lakota Creek" and "Joe's Creek", to the west and east of the site, respectively; in Section 12 Township
21 North, Range 3 East, W.M.; and
WHEREAS, on June 30, 1999, the preliminary plat application was determined complete by the
Department of Community Development Services, and vested to all City codes, policies, and regulations
in effect on that date; and
WHEREAS, a Mitigated Environmental Determination of Nonsignificance (MDNS) was issued by
the Director of Federal Way's Department of Community Development Services pursuant to the State
Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and
WHEREAS, on May 24, 2003, a Mitigated Environmental Determination of Nonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and
WHEREAS, no comments or appeals responsive to the MDNS were submitted to the Department
of Community Development Services; and
WHEREAS, on November 4, 2003, the Federal Way Land Use Hearing Examiner held a public
hearing concerning the Colella Estates preliminary plat; and
Doc. I.D. 25425
WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued a whtten Report and Recommendation, dated November 18, 2003, containing his
findings and conclusions, and recommended approval of the preliminary plat of Colella Estates subject to
the conditions set forth therein; and
WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City
Council has jurisdiction authority and to approve, deny, or modify a preliminary plat and/or its
conditions; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, on December 15, 2003, the City Council Land Use and Transportation
Committee considered the record and the November 18, 2003, recommendation by the Hearing Examiner
regarding the Colella Estates preliminary plat, and voted to forward a recommendation for approval of the
proposed Colella Estates preliminary plat, with no changes to the Hearing Examiner recommendation, to
the full City Council; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, chapter 58.17 RCW, and all
other applicable City codes, on January 6, 2004, the City Council considered the record and the Heating
Examiner's November 18, 2003, recommendation on the Colella Estates preliminary plat.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Adoption of Findings and Conclusions.
1. The findings and conclusions contained in the Land Use Hearing Examiner's November
18, 2003 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference,
are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed
to be a conclusion and/or any conclusion deemed to 'be a finding, shall be treated as such.
2. Based on, 'inter alia, the analysis and conclusions in the Staff Report and the
recommendation and conditions of approval as established in the Hearing Examiner's November 18, 2003
Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's
Doc. I.D. 25425
health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds,
schools and school grounds, and all other relevant facts as are required by City code and state law; and
provides for sidewalks and other planning features to assure safe walking conditions for students who
walk to and from school.
3. The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval.
Based upon the November 18, 2003, Report and Recommendation of the Federal Way Land Use
Hearing Examiner and the findings and conclusions contained therein as adopted by the City Council
immediately above, the preliminary plat of Colella Estates, Federal Way File No. 99-101323-00-SU, is
hereby approved, subject to the conditions contained in the November 18, 2003 Report and
Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A).
Section 3. Conditions of Approval Integral.
The conditions of approval of the preliminary plat are all integral to each other with respect to the
City Council's finding that the public use and interest will be served by the platting or subdivision of the
subject property. Should any court having jurisdiction over the subject matter declare any of the
conditions invalid then, in that event, the proposed preliminary plat approval granted in this Resolution
shall be deemed void and the preliminary plat shall be remanded to the City of Federal Way Hearing
Examiner to review the impacts of the invalidation of any condition or conditions. Upon such review, the
Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed
plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as
required by Chapter 58.17 RCW and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability.
Doc. I.D. 25425
If any section, sentence, clause, or phrase of this Resolution should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of any other section, sentence, clause, or phrase of this Resolution.
Section 5. Ratification.
Any act consistent with the authority and prior to the effective date of the Resolution is hereby
ratified and affirmed.
Section 6. Effective Date.
This Resolution shall be effective immediately upon passage by the Federal Way City Council.
OF
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS __
., 2004.
CITY OF FEDERAL WAY
DAY
ATTEST:
MAYOR
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED ASTOFORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO:
Doc. I.D. 25425
There are no supporting memos or documents.for
agenda item D, Work Program Progress Report