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LUTC PKT 11-20-2000November 20, 2000 5:30 pm City of F~'deral Way .-. City Council Land Use/TransportatiOn Committee City Hall Council Chambers MEETING AGENDA 2. 3. 4. CALL TO ORDER APPROVAL OF MINUTES OF THE NOVEMBER 6, 2000, MEETING. PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. Courtyard Village Developer Agreement Action Amendment B. WSDOT Request for $50,000/Study I-5, Action SR#18 & SR#161 C. Cluster Subdivisions Action D. 2001 Work Program Information Perez/20 min Perez/10 min McClung/30 min McClung/ClarkJ20 min (Discussion of business items must be complete no later than 7.'OOpm due to a Human Services Commission meeting following in the Council Chambers.) FUTURE MEETING AGENDA ITEMS. 2000 King County Comprehensive Plan Update Sign Update 6. ADJOURN Committee Members: Phil Watkins, Chair Jeanne Burbidge Dean McColgan City Staff: Kathy McClung, Acting D/rector, Community Development Services Sandy L yle, Administrative Assistant 253.661.4116 I:\LU-TRANS\November 20, 2000 LUTC AGN.doc November 6, 2000 5:3'0 pm '" City of Federal Way .... City Council· .:... Land.u~e/Transportation Committee' citY Council · 'Council.Chambers MEETING SUMMARY In attendance: Committee members Jeanne Burbidge and Dean McColgan; Deputy Mayor Linda Kochmar; City Manager David Moseley; Interim Director of Community Development Services Kathy McClung; Public Works Director Cary Roe; Interim City Attorney Bob Sterbank; Deputy Director of Public Works Ken Miller; Principal Planner Greg Fewins; Street Systems Manager Marwan Salloum; Assistant to the City Manager Derek Matheson; Street Systems Engineer John Mulkey; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Committee member Burbidge called the meeting to order at 5:34 pm. 2. APPROVAL OF MINUTES The minutes of the October 9, 2000, meeting were approved as presented. PUBLIC COMMENT There was no public comment on any item not included in the agenda. 4. BUSINESS ITEMS Resolution SeaTac Flight Paths - The Committee reviewed a draft resolution seeking equity in the direction of aircraft departing from Seattle-Tacoma International Airport. The Mayor of the City of Des Moines requested that other affected cities consider adopting such resolutions. The Committee m/sic recommendation of approval to the City Council in support of the draft resolution. 11th Place Storm Drainage Project Acceptance- The Committee m/sic recommendation to the City Council the final acceptance of the 11th Place Storm Drainage Project The final construction cost of the project was $72,999 which was $15,442.10 below the approved construction contract budget of $88,441.10. South 298th Street Vacation - As part of development of the Tresden Place Plat South 298th Street will be reconfigured so that it intersects perpendicular to Military Road. The property owners are requesting that the existing alignment of South 298th Street be vacated outside of the proposed right of way. The Committee so moved with a recommendation of approval for the City Council at the December 19, 2000, meeting following the Public Hearing. Applewood Plat Detention Pond Quit Claim Deed- In December of 1992, King County transferred 39 plat drainage tracts to the ownership of Federal Way. Last year in 1999 it was discovered that one of these drainage tracts was in the Plat of Applewood, which is not inside the Federal Way City limits. The City requested that King County correct the tract ownership and the attached letter and quit claim deed were received from them. Since the drainage tract was quit claimed to the City by mistake, and the tract is not inside the City limits, the Committee m/sic recommendation to the City Council at its November 21, 2000, meeting, of approval of reconveyance of Tract A of the Plat of Applewood for drainage purposes back to King County Rosewood Pre-Plat - The Committee listened to public comment on the proposed Rosewood Pre-Plat. Mike Rutter spoke on behalf of his neighbors, sharing their concerns about water runoff; loss of wildlife, trees and the rural quality of the area; increased traffic and speeding problems; the need for sidewalks; and overcrowding in the schools. One citizen, Deb Willard, commented that open space increases, rather than decreases, property value and clusters provide sensitive ways of increasing housing while maximizing open space. Following discussion, the Committee m/sic recommendation to the City Council at the November 21, 2000, meeting to approve the Rosewood Pre-Plat. Silverwood Pre-Plat -Public comment regarding the Silverwood Pre-Plat was considerable. Jeanne Rutter was opposed to the Silverwood Plat because since the Subidivision Code changed a few years ago, developers are allowed to make more money on less space. Al Manning was concerned about traffic impacts. Joanne McClain commented that drainage was bad now and wondered if it would get worse. Jess Sanchez asked the Committee if they were listening to the comments of citizens. Tom Barghausen of Novastar described homes over 2000 square feet and in excess of $200 thousand dollars in value. He added that drainage has been studied, researched and much design work has been completed. Keith Dewey shared that cluster housing gives access to more trees because single trees are not safe and must come down. Plat conditions required traffic studies and each home pays a significant school impact fee. The Committee m/sic recommendation to the City Council at the November 21, 2000, meeting to approve the Silverwood Pre-Plat. Cluster Subdivision Photos, Plan Field Trip - The Committee viewed slides of small lot housing in local developments and heard a staff report describing the types of housing seen in the slides and the circumstances of each building area including lot and home square footage and approximate selling price. The Committee expressed interest in seeing the sites in Des Moines and Sumner. A field trip for the Council and Committee to view examples of cluster housing will take place on November 13, 2000. The Committee will make a decision regarding small lot housing at the November 20, 2000, meeting. Adult Use Code Amendment - The Committee moved to recommend to the City Council to approve the amendment of the Adult Use Retail Regulations to clarify that the 1000- foot setback does not apply to nonconforming residential uses in the BP and BC zoning districts and to reduce the setback from other adult uses from 1000 feet to 660 feet. Motion carried. FUTURE MEETINGS The next meeting will be held in Council Chambers at 5:30 pm on November 20, 2000. ADJOURN The meeting adjourned at 7:20pm. I:\LU-TRANS\November 6, 2000, sum.doc DATE: TO: FROM: VIA: SUBJECT: November 15, 2000 Phil Watkins, Chair Land Use and Transportation Committee Cary Roe, Public Works Director David H. Mos~ager Courtyard Village Developer Agreement Extension BACKGROUND Larry Draper proposed constructing up to 300 units of senior housing on a parcel between Fred Meyer and the Twin Lakes Park-and-Ride Lot, as shown in Figure 1. The proposed project site was bisected by a planned extension of SW 341st Place running east-west between 21st Avenue SW and 19th Avenue SW. The extension of SW 341st Place as described above is identified in the City's Comprehensive Plan and is classified as a minor collector. Mr. Draper requested a site-specific Comprehensive Plan amendment to eliminate SW 341 st Place from the ComprehensivePlan because it divided the site. In the 1998 Comprehensive Plan Amendment approved by City Council on December 18, 1998, the Council approved Mr. Draper' s site-specific request on the condition that a Developer Agreement be negotiated which would require Mr. Draper to acquire, construct, and dedicate the following to the City: 1. The extension of 19th Avenue SW beyond the south property line of the Courtyard Village site to the planned extension of SW 344th Street. 2. The extension of SW 344th Street from the east property line of the Twin Lakes Park-and- Ride Lot to the extension of 19th Avenue SW. The Developer Agreement was executed on August 12, 1999 and required the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements by September 30, 2001. A copy of the Developer Agreement is attached for your reference. ACTION At the October 9, 2000 LUTC meeting, Mr. Draper requested a time extension for the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements. The Committee tabled the time extension request until staff and the developer could meet. Staff now offers the following options for the Committee's consideration: Option A - To reject the request for a time extension for the construction and dedicationof 19th Avenue SW and SW 344~ Street extension improvements and thus reinstating SW 341st Place back into the City's Comprehensive Plan as a planned street. Option B - To approve a two- (2) year time extension for the construction and dedication of 19t~ Avenue SW and SW 344th Street extension improvements, which shifts the starting point of the Courtyard Village project from Spring 1999 to Spring 2001. This option would require the two street extension improvements to be completed by September 30, 2003. Option C - To approve a three- (3) year time extension for the construction and dedication of 19th Avenue SW and SW 344th Street extension improvements, which shifts the starting point of the Courtyard Village project from Spring 1999 to Spring 2001 and grants an additionalone year above and beyond what the original Developer Agreement provided. This option would require the two street extension improvements to be completed by September 30, 2004. RECOMMENDATION Due to the amount of City Council involvement with the terms and conditions of the Developer Agreement with Mr. Draper, staff is seeking direction from the Committee on this matter. RAP:jif k:\lutc\2000\devagrmntext2.doc 25th SW 337th PL Plarlned ' Ccurt';"ard Slreet Vdlago Extension SW 34,' 200 0 200 400 600 800 Feet Parcels Figure I Map Printed-Nov 16 2000 Federal Way CityMap Note: This map is intended for use as a graphical representation only. The City of FedereJ Way makes no warranty as to its accuracy. · After recording, return to: City of Federal Way Attn: ~0~) .oC('gcbqt~k (Staff name) 33530 1st Wa~ South Federal Way, WA 98003 FIRST RISERICRN AG 21.00 DOCUMENT TITLE: Development Agreement Between City of Federal Way, and Larry Draper GRANTOR: Yen, Chen, Chang and Associates and Draper, ~_~ .~t.~/)~H. GRANTEE: City of Federal Way PARCEL A LEGAL DESCRIPTION: (Additional Legal on Exhibit A) Portion of SE ¼ of NE ¼ of S. 24, T. 21 N, R. 3 E in King Co., WA. PARCEL B LEGAL DESCRIPTION: (Additional Legal on Exhibit A) Portion of SE ¼ of NE ¼ of S. 24, T. 21 N, R. 3 E in King Co., WA. ASSESSOR'S PROPERTY TAX PARCEL: Parcel A # 242103-9006 Parcel B # 242103-9054 REFERENCE NOS. of other Documents N/A K:\pubworks\ctydvill.628a DEVELOPMENT AGREEMENT BETWEEN CITY OF FEDERAL WAY, AND LARRY DRAPER This Agreement, made and entered into this (:::r' day of,~.~-~-1999, by and between Yen, Chen, Chang and Associates ("Chen"), a Washington general partnership and Draper ("Draper"), on the one hand, and the City of Federal Way, Washington, a municipal corporation ("City"), on the other (collectively "the parties"). *Larry H. RECITALS A. Chen is the owner of two parcels of undeveloped real property, Parcel A (also known as Tax Lot 6) and Parcel B (also known as Tax Lot 54). Parcels A and B are referred to collectively herein as "the Property," and are located in the City of Federal Way, adjacent to 341st Place and 19'h Avenue SW. The parcels are legally described in Exhibit "A" and depicted on --Exhibit "B" attached hereto and incorporated herein. B. Draper has entered into a contract to purchase Parcel A (Tax Lot 6), and wishes to develop a senior housing complex on it. Draper proposed to build the senior housing in two phases: Phase I on Parcel A (Tax Lot 6), and Phase II on Parcel B (Tax LOt 54). The project is proposed to be named Courtyard Village. 34Pt Place South, as shown in the Transportation Element of the City's 1995 Comprehensive Plan, would bisect the planned project. C. During the City's 1998 annual review of its Comprehensive Plan, Draper requested that the City delete 341st Place from the Transportation Element, to facilitate development of Courtyard Village. D. The Council agreed, on the condition that, as part of the project and in addition to those conditions that may be administratively imposed as permit conditions, Draper enter into a development agreement providing for improvement of 19~h Avenue SW from the south boundary of Parcel A (Tax Lot 6), along the east boundary of Parcel B (Tax Lot 54) to SW 344th Street, and improvement of 344th west to connect with the portion of 344th that the Washington Department of Transportation CWSDOT") is to install as part of its construction of the Federal Way Park-'n- Ride No. 2. FIRST AI~£RICAH AG 21 19990851000507 PACE 002 OF' 014 05/31/1999 09:40 KI0tG COUNTY, JlA D~velopment Agreement City of Federal Way and Draper - Courtyard Village project / South 344~ Street Page 2 E. .Chen and Draper wish to enter into a development agreement with the City, to fulfill the condition set by the Council for its deletion of 341s~ Place from the Transportation Element of the Comprehensive Plan. F. The City has authority under RCW 36.70B. 170-.210 to enter into a development agreement to delineate the development standards governing development and use of property. NOW, THEREFORE, for and in consideration of the City's deletion of 341s~ Place from the Transportation Element of the Comprehensive Plan, the parties agree as follows: 1. Development of Property. Draper and Chen covenant and agree that, as part of the development of Parcel A (Tax Lot 6), Draper or any other party developing the Property' will engineer, design, construct and improve 19~ Avenue SW, commencing at the south boundary of Parcel A (Tax Lot 6) and extending along the east boundary of Parcel B (Tax Lot 54) south to SW 344th Street. Draper and Chert also covenant and agree that, as part of its development of the Property, Draper or any other party developing the Property will engineer, design, construct and improve SW 344th west to connect with the portion of SW 344th that WSDOT is to install as part of its construction of the Federal Way Park-'n-Ride No. 2. The location of the streets to be ..constructed and improved are shown on Exhibit "B" attached hereto and incorporated herein by reference. Following completion of construction and required maintenance to the City's satisfaction, as evidenced by the City's acceptance, Draper and Chen shall dedicate said streets to the City as public rights of way. The timing and scope of the improvements and dedication required herein, as well as other requirements governing the improvements, are set forth in Paragraphs 2 - 7 below. 2. Extent of Improvements Required. Draper and Chen covenant and agree that the 19th Avenue SW and SW 344~h Street will be improved as follows: 2.1: 19th Avenue SW will be improved in accordance with the standards for a minor collector, as set forth in Chapter 3 of the Federal Way Comprehensive Plan, Roadway Cross Section S, Figure III-3, except that on the east side of the street, Draper need not construct or install a planter strip, street lights, street trees or sidewalk. 2.2. SW 344th Street will be improved in accordance with the standards for a Principal Collector, as set forth in Chapter 3 of the Federal Way Comprehensive Plan, Roadway Cross Section K, Figure III-3, except that on the south side of the street, Draper need not construct or install a planter strip, street lights, street trees or sidewalk. FIRST F~KIERICF~H F~G .O0 19990~)31000307 PAGE 003 OF 014 0B/31/1999 09:40 KII'tG COUrtlY, [IA Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344~ Street Page 3 .2.3. Improvements to both 19th Avenue SW and SW 344th Street shall include all utilities, including surface water drainage, sanitary sewer, water, lighting, power, telephone, and cable television, in accordance with the requirements of the Federal Way City Code. 3, Timing of Construction and Dedication of Improvements, 3.1. Draper and Chen covenant and agree that, regardless of the date of commencement of construction of Courtyard Village (subject to Paragraph 8.6 below), Draper or any other party developing the Property will commence construction of the improvements described herein no later than July 1, 2001 and will complete construction to the City's satisfaction no later than September 30, 2001. 3.2 Draper and Chen covenant and agree that Draper or any other party developing the Property shall obtain all necessary permits and approvals from the City of Federal Way prior to commencement of construction. 3.3. Draper and Chen covenant and agree that, following completion of ..construction and satisfactory maintenance of the street (as determined by the City in its sole discretion) for two years, Draper and Chen will within 30 days of the City's demand deliver a statutory warranty deed, in a form in accordance with Federal Way City Code requirements and acceptable to the City Attorney. The deed shall dedicate the segments of the 19th Avenue SW and SW 344~h Street. rights-of-way specified herein to the City for public travel and utilities. The rights-of-way dedicated shall meet the standards for minor and principal collectors Roadway Cross Sections S and K, respectively, as applicable. 4. Bonding of Improvements. Draper and Chen covenant and agree that Draper or any other party developing the Property will provide performance and maintenance bonds to insure his performance herein and maintenance of the improvements once constructed. The bonds shall be in a form acceptable to the City Attorney and in accordance with the requirements of the Federal Way City Code, including but not limited to Sections 22-146 - 22-175. Draper or any other party developing the Property shall provide the bonds meeting the requirements of this Paragraph prior to the City's issuance of a building permit for Courtyard Village or other development of Parcel A (Tax Lot 6). FIRST AMERICAN AG 21.00 19990851000507 PAGE 004 01:' 014 08/31/1999 09:40 KI~'XG COUNTY, 14A Development Agreement City of Federal Way and Draper - Courtyard Village' project / South 344~ Street Page 4 5. . Latercomers' Agreement The City agrees that Draper may seek City Council approval of a Latecomers' Agreement, to enable Draper to seek reimbursement for the costs of the improvements described herein from other property owners who develop in the future adjacent to 19th Avenue SW or SW 344th Street and are not required to construct street improvements because the improvements they would be required to install have already been constructed by Draper. City Council review and approval of any such Latecomers' Agreement shall be pursuant to FWCC 20-206 et seq. 6. Property Acquisition The City further agrees that, to the extent allowed by applicable law, it will exercise its power of eminent domain to acquire right-of-way necessary for construction of the improvements described above; PROVIDED, however, that it will do so only under the following conditions: 6.1 That Draper is unable to practicably acquire the property for fair market value, as demonstrated by a written offer and rejection of or expiration of that offer and an MAI ..appraisal acceptable to the City indicating that the rejected or expired offer was equal to or greater than the fair market value of the subject property; and 6.2 That Draper pay the cost of the property acquired and all of the City's costs, including staff and consultant time, attorneys' and appraisers' fees, and all other costs incurred in exercise of the City's power of eminent domain hereunder. 7. Environmentally Sensitive Areas In the event that the route contemplated for the extension of 19th Avenue SW and SW 344~ Street encroaches upon any environmentally sensitive areas as defined by the FWCC, the City agrees that it will cooperate with Draper in identifying alternate routes and/or roadway configurations for the improvements required herein. 8. General Provisions. 8.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended to protect the value of the Property, as well as the public health, safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to Draper and Chen, and to the City, from this Agreement shall run with the land and shall be binding upon Draper and Chen and their heirs, successors, and assigns, and upon the City of Federal Way. pPIG£ 005 OF 014 08/3t/1999 09:40 KIHG COUM~Y, ~A Development Agreement City of Federal Way and Draper - Courtyard Village project ! South 344~h Street Page 5 8.2. .Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 8.3 Recording. This Agreement shall be recorded against the Property. 8.4. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 8.5 Authority. The City, Draper, and Chen each represent and warrant to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on their behalf are duly authorized to do so. Chen and Draper further represent and warrant that they are the fee owners and contract purchasers, respectively, of ParCel A (Tax Lot 6) and Tax Lot 54, that they have authority to agree to the covenants contained herein, and that there are no other persons, entities, or parties with any ownership interests in the property. 8.6 Term of Agreement. This Agreement shall remain in full force'and effect unless amended or terminated by the mutual agreement of the parties; provided, however, that this Agreement shall be void if City does not grant approval for development on Parcel A (Tax Lot 6) by July 1, 2001. If this Agreement becomes void pursuant to this Paragraph,'Draper and Chen agree that 341s~ Place shall be reinstated as part of Comprehensive Plan Transportation Element without need for further City Council action, and that any development on the Property (either Parcel A or B) approved after July 1, 2001 will include construction of all road improvements required by the FWCC for 34Vt Place, at no cost to the City. 8.7 Amendment. This Agreement may be modified only by a written instrument duly executed by all parties; provided, however, notwithstanding any provisions of this Agreement to the contrary, the City of Federal Way may, without the agreement of Draper or Chen, adopt and impose upon the Property restrictions and development regulations different than those set forth herein, if required by a serious threat to public health and safety. 8.8 set forth. Exhibits A -B attached hereto are incorporated herein by this reference as if fully 8.9 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Zt Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344~ Street Page 6 8.10 .Integration; Scope of Agreement. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof, which is the deletion of 341s~ Place from the Transportation Element of the City of Federal Way ComprehenSive Plan. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement does not set forth all conditions applicable to the development of the Property; additional conditions may be imposed as part of any permit issued by the City, as required by the Federal Way City Code as determined by the discretion of the Directors of the Departments of Community Development Services and/or Public Works. 8.11 Indemnification. Draper and Chen release and agree to defend,-indemnify, and hold harmless the City and all of its elected and appointed officials, and its employees and agents, from all liability, claims, appeals, and costs, including the costs of defense of any claim or appeal, arising in connection with this Agreement, the deletion of 34Pt Place from the City's Comprehensive Plan Transportation Element, and/or the City's review, approval, conditional approval, or denial of any permits or approvals requested or necessary for development of the Property, except to the extent any liability, claim, appeal or cost results from the sole negligence of the City or its officers, agents, or employees in performing this Agreement. 8.12 Enforcement. In the event Draper or Chen fails to satisfy any of their obligations "under this Agreement, the City shall have the right to enforce this Agreement at both law and equity, including but not limited to enforcing this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate remedy for breach. In addition, Draper's or Chen's failure to satisfy any of his obligations in this Agreement shall constitute a breach of contract and shall be grounds for termination of this Agreement by the City. 8.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers and the authority granted under RCW 36.70B. 170-.210. 8.14 Effective Date. This Agreement shall be effective on the effective date of the City's Ordinance approving this Agreement, and the execution of this Agreement by duly authorized representatives of each party. FIRST AMERICAft AG 21.00 19990831000307 PAGE 007 OF 014 08/31/1999 09:40 KIIXG COUIXTY, UA Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344~ Street Page 7 IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY City Manager Date: r/_ ol-C/- q q Approved as to Form for City of Federal Way: · - . ., ~LTv BI C~ty Attorney, Lond~ K. Lmdell ATTEST; ThisJI-~ay of ~ , 1999. N. Christine Green, CMC Federal Way City Clerk Z1.00 19990831000307 PAGE 005 OF 014 08/31/1999 09:40 KIHG COUNTY, 14A Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344~ Street Page 8 LARRY LCt-Wt~NG-E H. DRAPER Date: Larry Approved as to form for~rcnee-H. Draper by: YEN, CHEN, CHANG AND ASSOCIATES Its: Date: Approved as to form for Yen, Chen, Chang and Associates by: K :\pubwork\ctydvill.628 06-28-99 FIRST AMERICAM AG 1999083100038-? PAG£ 009 0F 014 08/51/1999 09:40 KII~C COUI~TY, Development Agreement City of Federal Way and Draper - Courtyard Village project / SOUth 344~h Street Page 9 'STATE OF WASHINGTON) ) SS. COUNTY OF KING ) / On this day, personally appeared before me, the(undersigned, a Notary Public in and for th~S,~t/_e~f Washington, duly commissioned and sworn) ~, to me known to be thEAl3ity Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this q>[~ day of ~.-~'"o/q , 1999. EILEEN ROBINSON (nota y s'g ~ , . . STATE OF ~/ASHINGT01~ (typed/printed name of notary) HOTIRy-o- PUgLIC Notary Public in and for the State IIY ~0111/1~10~ I~B~$1-2~1--0~ of Washington. My commission expires: I FIRST RM£RICRH AG 2t.00 t~990~31000307 PAGE Or0 OF 014 08/31/1999 09:40 KIHG COUttTY, [IA Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344a' Street Page 10 STATE OF W~.N~ COUNTY OF ~ ) SS. LARRY On this day personally appeared before me I=A-WRENC-E H. DRAPER, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. Given my hand and official seal this ~"(, day of ~F60"~ , 1999. OFFlC, I&$~I- ~" (notary signature) ] ~ SUSAN E PRINCE NOTARY PUBLIC - OREGON I COMMISSION NO. 316229 [ MY COMMISSION EXPIRES SEPT. 20, 2002 (typed/printed name of notary) Notary Public in and for the State of My commission expires: 69~ O-z--- FIRST R~ERICRH gig PAGE 011 OF 014 08/31/1999 09:40 KIHC COUHTY, Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344~ Street Page 11 STATE OF WASHINGTON) ) COUNTY OF KING ) On this day personally appeared before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, .-~/42-R t..~ 3/~3q , to me known to be the General Partner of YEN, CHEN, CHANG AND ASSOCIATES, the Washington general partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he/she/they was/were authorized to execute said instrument on behalf of said partnership. GIVEN my hand and official seal this I 7-- day of /z~O6-og 7- ,1999. JEFFREY J. BENTON NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES OCTOBER 29, 2002 (nofiry stgnamre) (typed/printed name of notary) Notary Public in and for the State of Washington My co.m_mission expires: tO-2cl-Eoo~ FIRST AM£RICAt~ AG ~1 .00 199908~ 1000~07 PAGE 012 OF 014 08/31/1999 09:40 KIHG COU~,ITY, ~4A Development Agreement City of Federal Way and Draper - Courtyard Village project / South 344t~ Street Page 12 EXHIBIT A - LEGAL DESCRIPTIONS Parcel A (Tax Lot 6) The North 412 feet of the Southeast Quarter of the Northeast Quarter of Section 24, Township 21 North, Range 3 East, W.M., in King County, Washington; except the East 264 feet thereof; and except the North 382 feet of the West 500 feet thereof; and except the West 30 feet thereof conveyed to King County for road purposes by deed recorded under Recording No. 842325; and except that portion deeded to the Federal Way School District No. 210 by deed recorded under Recording No. 9303112451. Parcel B (Tax Lot 54) The West 475 feet, of the East 739 feet, of the South 411.24 feet, of the North 823.24 feet of the Southeast 1/4 of the Northeast 1/4 of Section 24, Township 21 North, Range 3 East W.M., in · King County, Washington. FIRST AtNERICflM AG 21.00 PriCE 013 OF 014 08/31/1999 09:4t3 KIi'tG COUtlIY, JlA EXHIBIT ,~ ~ 1 GOUN~ARD VILLAGE JOHN LAPE, A~GHITEOT Po~. o~N ~120~ FEDERAL ~Y. ~5HIHGTON P~' Illllllllll[llll FIRST RUERICRIX RG Zl.80 ! 99908~ t 00030? PAGE 814 0F 014 08/;~1/1cJ99 09:4e KIHG COUHTY, MR SW 341,, SW 100 0 100 200 300 400 Feet Figure 1 Map Printed-Nov 15 2000 Federal Way CityMap i Parcels Map made by ..Rick Perez Note: This map is intended for use as a ~raPhical representation only. The City of Federal Way makes no warranty as to its accuracy. CITY OF ~ DATE: TO: FROM: VIA: SUBJECT: November 15, 2000 Phil Watkins, Chair Land Use and Transportation Committee Rick Perez, Traffic Engineer 1~ David Mortgager I-5/SR 18/SR 161 Design Analysis and Study BACKGROUND Since its incorporation, the City of Federal Way has been concerned with the intensity of traffic congestion and associated safety issues in the vicinity of the I-5 / SR18 interchange, which continues to have high levels of congestion and collisions despite several improvements to the intersection at SR18 and SR161. In the Federal Way Comprehensive Plan, the City proposed constructing an interchange on I-5 at SR161 to reduce congestion at the intersection of SR18 and SR161. The Washington State Department of Transportation (WSDOT) has consistently identified several parts of the I-5 / SR18 interchange as High Accident Locations. A study to identify potential solutions to these concerns was originally funded as a result of the passage of Referendum 49, but funding was cut as a result of Initiative 695 shortly after WSDOT had selected a consultant team. WSDOT has been able to restore the majority of funds necessary to contract the study and is now seeking the balance of funds from stakeholder agencies, including King County, the City of Milton, and the City of Federal Way. PROPOSAL As outlined in the attached letter, WSDOT is requesting $50,000 from the City, as well as staff participation in this Design Analysis and Traffic Study. King County has been asked to provide $20,000, and the City of Milton has been asked to provide $5,000. The study is expected to be completed by December 2001 and is intended to identify improvementsand their associated costs to improve safety and capacity in the vicinity of the I-5 / SR18 interchange, including the intersection of SR 18 and SR161. This study will also provide a basis to pursue future funding for environmental reviews, design, and construction of these improvements. Staff anticipates full and intense participation will be required in order to assure a recommendation that the City can support, similar in magnitude to that of siting the Sound Transit Park-and-Ride Lot and Transit Center in the City Center. Staff proposes that the $50,000 be funded from any remaining balance from the 2000 Public Works Operations budget, and/or from the City Manager's Contingency Fund. The specific project scope, schedule, and staff level of participation will be negotiated as part of an interlocal agreement. RECOMMENDATION Staff recommends placing the following item on the December 4, 2000 Council Consent Agenda: 1. Authorize the City Manager to execute an interlocal agreement with WSDOT to participate in the I-5/SR18/SR161 Design Analysis and Traffic Study. 2. Authorize providing $50,000 for this Study from any remainingbalance from the 2000 Public Works Operationsbudget, and/or from the City Manager's Contingency Fund. Washington State Department of Transportation Sid Morrison Secretary of Transportatioe September 21, 2000 Northwest ! 15700 Dayton P.O. Box 3303 Seattle, WA 9~ (206) 440-4000 RECEIVED e.ionS[P 2 6 2000 i J_I J WORKS DEPARUENT Mr. Cary Roe, Public Works Director City of Federal Way 33530 Ist Way South Federal Way, WA 98003-6210 Re: I 5/SR 18/SR 161: Dear Mr.)~, Design Analysis and Traffic Study This letter is to request $50,000 from the City of Federal Way for the partial funding of a study that will evaluate ways of improving traffic in the area surrounding the interchanges and intersections between Interstate 5, State Route 18 and State Route 161. Since the elements to be evaluated and the outcome of the study will affect the cities, WSDOT is asking the local governments to participate in funding the study. Our desire is to have a partnership with the cities of Federal Way and Milton, along with King county to help in developing the scope and participate in its analysis and recommendations. WSDOT is contributing a total of $250,000 to the study. The anticipated purpose of this study is to look at ways of improving traffic circulation, reducing congestion and reducing the number of accidents and the accident severity in the vicinity ofI-5, SR 18 and SR 161 in the Federal Way area. This study has been referred to as the "Triangle" study. Some of the alternatives to be considered in the study include: · SR 18/SR 161 grade separation · Use of SR 18 and 28 Ave. as a route to Milton/Edgewood area · Partial interchange at SR161/I-5 with connection to 356th St. · Innovative transportation design at all locations, which includes but is not limited to flyovers and urban interchanges. Other major issues which also need to be addressed include known constraints such as the proximity of Hylebos Creek to the interchange and the close proximity of the truck scales and rest areas to SR 18/I-5 interchange. We are anticipating for the design analysis and study to begin on December 2000 and be completed on December 2001. I-5/SR 18/SR 161 9/21/2000 Page 2 Please feel free to contact me at (206) 440-4774, if you have further questions regarding the interchange study. Sincerely, Craig J. Stone, P.E. Area Administrator ~- South King MS:ms There is No Attached Packet Information for the Discussion on Cluster Subdivisions CITY OF ~ MEMORANDUM To: FROM: VIA: DATE: SUBJECT: Phil Watkins, Chair Land Use/Transportation Committee (LUTC) Kathy McClung, Interim CDS Director ~ Margaret H. Clark, AICP, Senior Planner ~fi~q' David Mosel~~anager November 20, 2000 Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program I. BACKGROUND This memorandum includes the following: o 4. 5. 6. 7. Status of the Planning Commission Work Program as approved by the City Council on May 2, 2000. The status of work preformed to date on each item is shown. Carry-over and potential new work items for the 2001 Planning Commission Work Program. Other on-going long range planning responsibilities. 2001 Comprehensive Plan Update. Consultant Monies Available. Request for Prioritization. Summary of all Potential 2001 Planning Commission and Long Range Planning Division Work Items. II. STATUS OF 2000 PLANNING COMMISSION WORK PROGRAM DESCRIPTION STATUS REQUIRED BY LAW 1999 Comprehensive Plan Update Completed in September 2000 Yes 2000 Comprehensive Plan Update The site-specific requests were Yes presented to the City Council for the Site Selection Process on October 17, 2000. These requests will be taken to the City's Development Review Committee after the Transportation Model has been completed (Model anticipated to be completed in November 2000). Miscellaneous Code Amendments igliscellaneous Code Amendments Simple housekeeping process- No Phase I related items that are not subject to review pursuant to the State Environmental Policy Act (SEPA). Code amendments adopted October 2000. Miscellaneous Code Amendments These include housekeeping No Phase II process-related items that are subject to review pursuant to SEPA. Scheduled for public hearing by the Planning Commission in January and February 2001. Crime Prevention through In process. Public hearing by No Environmental Design (CPTED) Planning Commission on October 18, 2000 continued to November 15, 2000. Public Parks Text Amendment Scheduled for public hearing by the No Planning Commission in January 2001. Dimensional Standards Text Scheduled for public hearing by the No Amendments Planning Commission in February 2001. Cluster Subdivisions Scheduled for November 20, 2000 No LUTC meeting. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 2 November 20, 2000 III. CARRY-OVER AND POTENTIAL NEW WORK ITEMS FOR THE 2001 PLANNING COMMISSION WORK PROGRAM. DESCRIPTION STATUS REQUIRED BY LAW CARRY-OVER ITEMS Wellhead Protection This work depends on a Wellhead Protection Yes Program being undertaken by the Lakehaven Utility District. The District anticipates completion of the program by July 2001. Transportation Impact Fee This work depends on the completion of the No (TIF) Transportation Model being prepared by the Public Works Department. The Model is anticipated to be completed at the end of November 2000. The proposed City budget includes $40,000 for consultant's fees for the TIF. Annexation/Development Consultant selected. No Agreements Height Requirements for On hold for Planned Action SEPA for City Center No City Center (Potential new work item). Group Homes Type I Consultant selected. No Endangered Species Act This work depends on clarification from the State. Yes including Stream-related Amendments~ POTENTIAL NEW WORK ITEMS Complete the 2001 The deadline for submittal of requests was Yes Comprehensive Plan Update September 30, 2000. Six site-specific requests (Five-year update) were received. No work has been completed to date. Please see Section V of this staff report for additional details. Phase II Potential The Phase I Study was completed this year. King No Annexation Area Study County has offered to provide $50,000 towards the completion of Phase II. An Interlocal Agreement must be entered into between the two jurisdictions. Also funding needs to be approved as part of the budget Planned Action SEPA for Funding needs to be approved as part of the No City Center. budget Implementation of liB 2505 This needs to be prioritized. No - Property Tax Abatement for Multiple Family Housing2 Geologically Hazardous This needs to be prioritized. No Areas Amendment3 ~ Please see attached August 19, 1999 Correspondence from Washington Department of Community, Trade and Economic Development correspondence. 2 Please see attached House Bill Report HB 2505 3 Please see attached August 19, 1999 Correspondence from Washington Department of Community, Trade and Economic Development correspondence. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 3 November 20, 2000 IV. OTHER LONG RANGE PLANNING RESPONSIBILITIES. DESCRIPTION I STATUS t REQUIRED BY LAW ANNUAL REPORTS Office of Financial Management This is an annual report provided to the Yes Yearly Population Estimate State Office of Financial Management Report [OFM] King County Benchmark and This is an annual data request made of all Yes Annual Growth Information cities by King County to fulfill Report requirements of the Growth Management Act [GMA] Track and Inventory Buildable Under the Buildable Lands Program, six Yes Lands counties, including King County, must annually collect data on land capacity and development activity from their cities and unincorporated areas CARRY-OVER ITEM Changes to FWCC, Chapter 18, These are code amendments required to It is advisable to have Environmental Policy bring FWC, Chapter 18 into compliance local regulations with state law. This is not required to go conform to State Law. to the Planning Commission, but go directly to the Land Use Transportation Committee and City Council. V. 2001 COMPREHENSIVE PLAN UPDATE The City of Federal Way's Comprehensive Plan was adopted in November 1995. It has since been updated in 1998 and 1999 and we are currently working on the 2000 amendments. The 1995 Comprehensive Plan took approximately three years to complete and cost over $700,000 in consulting fees in addition to staff time and expense. The 1998 and 1999 amendments focused mainly on site-specific requests and amendments of a housekeeping nature. The City will be undertaking its five-year update of the comprehensive plan in 2001. This update will be more comprehensive in scope than the two previous updates. The following table identifies which chapters are in need of extensive amendments and will tentatively identify work that can be done in house as opposed to by consultants. An asterisk marks chapters requiring extensive work. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 4 November 20, 2000 2001 COMPREHENSIVE PLAN UPDATE CHAPTER DESCRIPTION OF UPDATE WHO WILL WORK ON IT? 1 - Introduction Housekeeping. Community Development Services (CDS) 2 - Land Use * Housekeeping including preparing a new capacity CDS & Geographic analysis. * Information Systems (GIS) 3 - Transportation* Update to Chapter. Based on current Model Public Works. Update, develop the 2020 Year forecast and identify new projects based on this forecast. * Make changes to be consistent with the 2001 Updated Metropolitan Transportation Plan (MTP). * Propose amendments to comply with HB 1489 (Level-of-Service Bill). * 4 4 - Economic Housekeeping, including incorporating data from CDS Development the Market Analysis. 5 - Housing* Housekeeping. This chapter has not been updated Human Services. since 1995. 6 - Capital Facilities Housekeeping. Parks, Surface Water Management, Traffic, Finance, Lakehaven Utility District, School District, Fire District 7 - City Center* The 2020 Traffic Forecast, to be included in Undecided. The traffic- Chapter 3, may identify additional improvements related portions will be done for City Center. Also, timing of the Planned by the Traffic Division. Action SEPA for the City Center may require amendments to this chapter. *~ 8 - Potential Annexation This may involve extensive amendments CDS Areas* depending on timing of the Phase II PAA Study (Implementation phase) .5/6 9 -Natural This may involve extensive amendments ESA and streams-Public Environment* depending on what is done on the Endangered Works & CDS. Public Works Species Act (ESA), and code amendments relating is requesting $30,000 as part to streams, geologically hazardous areas and of the proposed budget for Wellhead. * amendments to this chapter. Geologically Hazardous Areas - Consultant. Wellhead- CDS and Lakehaven 10 - Private Utilities* Housekeeping amendments. This chapter has not CDS been updated since 1995. Updating the chapter will require coordinating with providers of private utilities. 4 Please see attached April 26, 2000 Correspondence fi.om Puget Sound Regional Council. s The 2001 comprehensive plan process will not be held up if these items are not funded or, if funded, not completed when respective chapters are being updated. 6 The Phase II PAA Study, if done, will have an impact on the entire comprehensive plan, as each chapter would cover the PAA as well as the city limits. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 5 November 20, 2000 V. CONSULTANT MONIES AVAILABLE At the beginning of this calendar year (2000), there was a total of $87,000 ($50,000 budgeted and $37,000 carry-over) for consulting work. We received an additional $10,767 from Suburban Cities for work completed in 1999 on the Buildable Lands Program for a total of $97,767. Approximately $39,000 will be expended by the end of the year, leaving $58,000 for carry-over to 2001. VI. REQUEST FOR PRIORITIZATION Based on past experience, planning staff's time is expected to be spent on the annual comprehensive plan update process, working with the consultant on code amendments, and completing those long range tasks required by state law (please refer to Annual Reports in Section IV of this memorandum). When the Sensitive Areas Code amendment was being prepared, the City committed to the State that we would also undertake a code amendment to address streams. In addition, it is unclear when the State will provide further clarification on the Endangered Species Act (ESA), and at that time whether it would become a state-mandated priority for local jurisdictions. The total cost for the Sensitive Areas Code Amendment, which addressed only wetlands, was $50,000, including $38,000 for consulting costs. With approximately $58,000 in carry-over funds for 2001 and a number of potential new work items, staff is requesting assistance from the LUTC with prioritizing the Planning Commission and Long Range Division Work Program for 2001. The following lists all potential work program items, including those mandated by state law. List of New Planning Commission Work Items7 1. Wellhead Protection 2. Transportation Impact Fee 3. Annexation/Development Agreement. 4. Height Requirements for City Center 5. Group Homes Type I 6. Endangered Species Act including Stream-related Amendments 7. 2001 Comprehensive Plan Update (Five-year Update) 8. Phase II Potential Annexation Area Study 9. Planned Action SEPA for City Center 10. Implementation of HB 2505 - Property Tax Abatement for Multiple Family Housing. 11. Geologically Hazardous Areas Amendment 7 Carry-over items, that are in process (under review by staff) but have not yet been considered by the Planning Commission (See Section II - Status of 2000 Planning Commission Work Program, have not been listed here. Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 6 November 20, 2000 Other Long Range Planning Responsibilities 1. Office of Financial Management Yearly Population Estimate Report. 2. King County Benchmark and Annual Growth Information Report. 3. Annual Buildable Lands Report Non-Planning Commission Code Amendments Changes to FWCC, Chapter 18, Environmental Policy VII. SUMMARY OF ALL POTENTIAL 2001 PLANNING COMMISSION AND LONG RANGE PLANNING DIVISION WORK ITEMS The following Table I lists all potential work items for the Planning Commission and the Long Range Division in 2001. Shaded items are those items that are State mandated or are already in progress, either having gone to the Planning Commission or scheduled to be presented to them in the near future. We are, therefore, not requesting prioritization of these items. In addition, there are two items - Crime Prevention through Environmental Design and Cluster Subdivisions -- that will not be on the Planning Commission's Work Program next year, however, they have been included in the table because Council has not yet adopted them. An asterisk marks these two items. I:L2000 Code Amendments\112000 Status of Planning Commission Work Program to LUTC.doc/11/15/00 3:26 PM Status of 2000 Planning Commission Work Program and 2001 Long Range Planning Work Program Page 7 November 20, 2000 STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 906 Columbia St. SW · PO Box 48300 · Olympia, Washington 98504-8300 · (360) 753-2200 August 19, 1999 The Honorable Ron Gintz Mayor, City of Federal Way 33530 First Way South Federal Way, Washington 98003 Dear Mayor Gintz: Thank you for sending us the draft Environmentally Sensitive Areas regulations' proposed for the City of Federal Way. We recognize the substantial investment of time, energy and resources this document represents. This letter summarizes our comments on your draft ordinance. We have included the comments from the Washington Department of Ecology (Ecology) with regard to the City of Federal Way's draft Environmentally Sensitive Areas regulations into this letter. Although the Department of Community, Trade and Economic Development (CTED) coordinates the review of comprehensive plans and development regulations, we rely on the advice of other agencies on some issues, especially in the review of critical area regulations. Ecology is a good source of advice on how to include best available science in developing policies and regulations to protect the functions and values of critical areas as required by RCW 36.70A172(1). We especially like the following: DIVISION 7. REGULATED WETLANDS Section 22-1356(c). Drainage Facilities We concur with Ecology that the language in this section is well written in determining whether specifically stated drainage facilities "...which were designed to impound or convey water for an engineered purpose..." are not considered regulated wetlands provided these facilities meet a set of detailed criteria listed in this section. Section 22-1357. Wetland Classifications and Standard Buffers CTED and Ecology commend the City for the proposed buffer widths. The ordinance provides that category I and II wetlands shall have a standard buffer width of 200 and 100 feet respectively. We encourage adoption of these standards. RECEIVED. BY The Honorable Ron Gintz August 19, 1999 Page 2 Section 22-1357.5. Modification of Standard Wetland Buffer The ordinance requires an applicant to demonstrate to the satisfaction of the City that proposed buffer averaging would meet certain criteria. These criteria include, but are not limited to, no effect on the water quality entering a wetland or stream, no adverse effect on a habitat area within a sensitive area or buffer, and no creation of unstable earth or erosion hazards. Section 22-1358(e)(1). Mitigation Plan The City requires mitigation plans to contain the following elements: environmental goals and objectives, performance standards, detailed construction plans, timing, a monitoring for a minimum of five years, a contingency plan, and performance bonding in an amount of 120 percent of the costs of implementing each of the above elements. We have noted a few concerns, which We recommend you address. They are as follows: Chapter 22 Section ;22-1. Definitions The ordinance states regulated wetlands shall mean those areas greater than 2,500 square feet. Establishing a minimum size for regulating wetlands may be appropriate for the lower value wetlands, but size alone is not a relevant factor in the determination of a wetlands functions and values. We recommend there be no minimum size exemptions for Class I and II wetlands, but that 2,500 square feet may be appropriate for Class III and IV wetlands only. Accordingly, we concur with Ecology's recommendation that you delete the exemption from the City's wetland regulations of "areas defined as a regulated lake" and "Lower Puget Sound I and 51 ." Ecology notes that vegetated wetlands occur along the shoreline edge of lakes and require protection under the Shoreline Management Act (SMA). Similarly, vegetated wetlands along Puget Sound's near shore are critical habitat for Chinook salmon and should not be exempted by the City from protection under the City's critical area ordinance. The City's classification of streams into three categories: streams, major stream and minor stream may create some regulatory confusion. Most jurisdictions apply the Washington Department of Natural Resources' (DNR) Forest Practice Board's water typing system for classification of stream types (WAC 222-16-030). The ordinance provides that for "major streams" where a natural permanent blockage precludes the upstream movement of anadromous fish shall be regulated to a lesser buffer standard or 50 feet, and that these streams be categorized as a "stream." With this provision, you do not anticipate natural or man-made improvements and' restoration of the upland "major" stream to a normal flow pattern. By not regulating The Honorable Ron Gintz August 19, 1999 Page 3 land use for currently blocked streams to the higher protective standard provided for "fish habitat," you would potentially adversely impact the stream's function for water quality, sediment control, temperature and other habitat needs for anadromous fish. The City may want to consider omitting this language from the ordinance. DIVISION 1. GENERALLY Section 22-1223. Jurisdiction Ecology notes that the code applies to subject properties depending on the distance from the regulated feature. You may consider increasing the distance "trigger" to ensure that adequate buffers are protected. For example, (5) states the code applies if a subject property is within 25 feet of any regulated lake. There may be a situation in the City where a wetland associated with a lake extends the boundary of the wetland more than 25 feet from the edge of the lake. A similar situation may arise when a 200-foot buffer is required on a Class 1 wetland, but the property is outside the lO0- foot limit as stated in (6) under Sec 22-1223. Section 22-1244(c)(1). Reasonable Use of the Subject Property The ordinance allows for an applicant to apply for a modification or waiver from the provisions of this article on a case by case basis based on criteria listed. Language in the following criteria should be changed, which currently reads: "The application of the provisions of this article eliminates any profitable use of the subject property" [emphasis added]. We recommend changing "any profitable" to "all reasonable" to be consistent with current case law on constitutional takings. Otherwise, the property owner could argue that any proposed use is a profitable use. We understand that during the original development of this ordinance the City had been looking at wetland issues only. Further, we also understand the City had been conducting a wetland inventory and has not yet conducted a stream inventory but plans to in the future. We have the following comments on issues that should be addressed when you amend your Sensitive Areas ordinance to include all pertinent components of a critical areas ordinance consistent with RCW 36.70A.030(5). DIVISION 4. GEOLOGICALLY HAZARDOUS AREAS DEVELOPMENT This section of the ordinance offers some good methods for regulating uses within the geologically hazardous areas. The comprehensive plan also provides some good policy direction to be met by the development regulations. The ordinance could be strengthened by providing better integration of comprehensive plan policies with development regulations. Comprehensive plan Policies NEP 46, 47, 48, 49, 50, 51, 52 and 53 should guide these regulations. For example, Policy NEP 51 states that, "the City should develop special regulations that address construction on or near marine bluffs of Puget Sound. Regulations should take into consideration landslide potential, drainage and vegetation The Honorable Ron Gintz August 19, 1999 Page 4 removal." Policy NEP52 further states, "proposals for development on or near marine bluffs should substantiate, either through design or adherence to special development regulations, that the development has less than a 25 percentage chance of failing by collapsing, or becoming dangerous and/or uninhabitable due to slope movement within a 50 year time period." Knowledge of the types of soils, the degree of slope, and the general size and depth of the landslide feature is needed to establish a threshold distance by which a development permit is required. Of concern is the 25~foot distance on or within the area where development activities are proposed to occur. This may be an appropriate distance for some geological areas, but not enough for others. Since slope tops · recede, property owners should not build to the edge of the slope (e.g. within 25 feet). An appropriate sized buffer zone should be established from the edge of slope to protect both structures and Slope integrity. Additional drainage requirements may be necessary to ensure stability. The recommended dimensions of the buffer zone should be determined by the geotechnical analysis conducted by a qualified expert. DIVISION 5. STREAMS Section 22-1311. Rehabilitation This section provides the director of Community Development Services with the discretion to require or not require an applicant to retain the services of a qualified professional in preparing the restoration plan. The ordinance should list criteria applicable in making this determination by the director. We would suggest that the "may" be changed to "shall" to ensure stream rehabilitation projects are designed, implemented and monitored using professional guidance. In addition, Ecology has noted this section references maintenance of "inappropriate vegetation." The City may want to provide a list of species it deems to be "appropriate." The stream buffer widths should be increased to provide optimum benefits. The City is currently proposing 100' buffers for "major streams" and 50' for "minor streams" from "the top of each bank of a major/minor stream." Stream buffers need to be based on stream type and width and should be delineated from the ordinary high water mark. The Washington Department of Fish and Wildlife (WDFW) has conducted an exhaustive review of the scientific literature regarding the protection measures necessary to preserve or enhance anadromous fisheries and wildlife habitat and believes the Priority Habitat Species Management Recommendations for Riparian Areas represents best available science. These recommendations include the following stream classifications and their recommended buffer widths for rivers and streams in western Washington: Type 1 and 2 ............................. : .................................... 250 feet Type 3 (5-20 feet wide) ................................................... 200 feet Type 3 (less than 5 feet wide) ..........................................150 feet Type 4 and 5 (Iow potential for erosion or slope failure) ....... 150 feet The Honorable Ron Gintz August 19, 1999 Page 5 Type 4 and 5 (high potential for erosion of slope failure)...225 feet Larger buffer areas may be required where priority species occur. We realize that it may not be possible to require buffers of these widths in all cases; however, these standards can be applied on a case-by-case basis based upon site- specific and watershed system information, such as identified fish and wildlife habitat biological needs, site topography; hydrology and other factors. DIVISION 8. REGULATED WELLHEADS Federal Way's comprehensive plan clearly identifies areas susceptible to ground water contamination (Policies NEP 10, 11, 12 and 13). Upon completion of a wellhead protection program, the City should have corresponding development regulations to ensure these areas are protected. We have the following suggestions to strengthen your ordinance: Section 22-1309. Culverts The City may want to consider adding the following language: "The city will use a stream conveyance system, which must have natural stream bed materials in the bottom to replicate habitat conditions in the natural stream channel. The preferred conveyance facility is a bottomless arch culvert." Further, "if a artificial bottom culvert is used, the city recommends an elliptical culvert due to the wider channel bottom." The City may also want to consider indicating in the ordinance that it retains the option to consider the use of new water crossing technologies as they emerge. DIVISION 6. REGULATED LAKES We agree with Ecology that the ordinance should list which lakes are "regulated" as there are not that many lakes in the City. We were unable to locate any linkage to the City's Shoreline Master Program. The ordinance should provide this reference for consistency. We have also reviewed the comments provided to you by WDFW and encourage the City to give consideration to WDFW's recommendations. Congratulations to you and your staff for the good work your draft revisions embody. If you have any questions or concerns about our comments or any other growth management issues, please call me at (360) 753-2951, Ike Nwankwo at (360) 586-9118 or Chris Parsons at (360) 664-8809. Additionally, Ecology has expressed its willingness to work with Federal Way and provide technical assistance regarding sensitive areas. Please contact Erik C. Stockdale senior wetlands specialist for Ecology's Bellevue office at (425) 649-7061 The Honorable Ron Gintz August 19, 1999 Page 6 We extend our continued support to the City of Federal Way in achieving the goals of growth manage~ ~ent. Sincerely, Growth Management Program MJN:Iw CC: Kathy McClung, Deputy Director, Community Development Services Erik C. Stockdale, Washington Department of Ecology Millard S. Deusen, Washington Department of Fish and Wildlife Don Nauer, Washington Department of Fish and Wildlife HOUSE BILL REPORT HR 2505 As Passed Legislature Title: An act relating to the definition of "city" for the multiple-unit dwellings property tax exemption. Brief Description: Modifying the definition of "city" for the multiple-unit dwellings property tax exemption. Sponsors: Representatives Cairnes, Veloria, O'Brien, Morris, Radcliff, Scott, Barlean, Esser, Kagi, Keiser, For~unato, Schual-Berke, Edwards and Miloscia. Brief History: Committee Activity: Finance: 1/25/00, 2/1/00 [DP]. Floor Activity: Passed House: 2/11/00, 88-8. Passed Senate: 3/3/00, 46-2. Passed Legislature. Brief Summary of Bill Expands the areas included in the 10-year property tax exemption for multiple-unit housing projects by lowering the eligible city population threshold from 100,000 to 50,000. HOUSE COMMITTEE ON FINANCE Majority Report: Do pass. Signed by 8 members: Representatives Dunshee, Democratic Co-Chair; Thomas, Republican Co-Chair; Cairnes, Republican Vice Chair; Conway; Dickerson; Pennington; Santos and Veloria. Minority Report: Do not pass. Signed by 4 members: Representatives Reardon, Democratic Vice Chair; Carrell; Cox and Van Luven. Staff: Rick Peterson (786-7150). House Bill Report - I HB 2505 Background: New, rehabilitated, or converted multiple-unit housing projects in targeted residential areas are eligible for a 10-year property tax exemption program. The property tax exemption applies to the increased value of the building made after the application for the tax exemption. The exemption does not apply to the land or the nonhousing related improvements. The property tax exemption program is limited to cities with a population of at least 100,000, and the largest city or town within a county planning under the Growth Management Act. A targeted residential area must be located within an urban center, lack sufficient available, desirable, and convenient residential housing to meet public demand, and increase permanent residents in the area or achieve the planning goals of the Growth Management Act. The city is authorized to establish standards and guidelines for approving tax exemption applications by developers. Summary of Bill: The population threshold for cities that are eligible for the 10-year property tax exemption program for new, rehabilitated, or converted multiple-unit housing is lowered from 100,000 to 50,000. Appropriation: None. Fiscal Note: Available. Effective Date: Ninety days after adjournment of session in which bill is passed. Testimony For: This program is working in the cities allowed to use the 10-year property tax exemption. This program creates opportunities to develop multi-family housing in areas where development is not occurring. This program will help cities accommodate the increased densities called for by the Growth Management Act. Testimony Against: None. Testified: Representative Jack Caimes, prime sponsor; Doug Levy and Tim Clark, city of Kent; and Trent Matson, Building Industry Association of Washington. House Bill Report - 2 HB 2505 Puget Sound Regona Counc April 26, 2000 Mr Rick Perez City of Federal Way 33530 1st Wy S Federal Way, WA 98003 Subject: Reminder - December 31, 2000 Deadline Regarding Compliance with New (1998) Growth Management Act Requirements for Transportation Elements of Local Comprehensive Plans Dear Mr. Perez: In 1998, the Washington State Legislature enacted the "Level-of-Service Bill" (House Bill 1487) which amended of the Growth Management Act (GMA). This letter draws particular attention to city and county local plan requirements under RCW 36.70A. The amendments to the GMA were intended to clarify and distinguish local, regional and state responsibilities for monitoring transportation system performance and addressing system needs and deficiencies. These amendments require local jurisdictions planning under the GMA to include additional detail (summarized further below) regarding state-owned transportation facilities in the transportation element of their comprehensive plans. This letter serves as a reminder about this year's December 31, 2000, deadline to either amend the local transportation element of your comprehensive plan to address these additional requirements, or, if you feel your plan may already comply with these requirements, please provide the Regional Council with a brief assessment of how you have determined that your plan may already be in compliance so we may review and, hopefully, concur and report such under our GMA plan certification responsibilities. The additional local transportation element requirements can be summarized as needing to include the following two key provisions: Inventory & LOS for State-owned Facilities: An inventory of state-owned transportation facilities (all modes) that are located within your jurisdictional boundaries, with specific identification of state-established Level of Service (LOS) standards for state highway facilities. This should include text, a map, and one or more descriptive data tables identifying state highway facilities and related state-established LOS standards for state highways within your jurisdiction. Note: Until the Washington State Transportation Plan (WTP) is updated -- presently scheduled for the end of 2001 -- the current adopted state LOS for state highways is LOS "C" for state highways in rural areas. For state highways in urban areas, LOS "D-mitigated" is the current standard when current or projected peak period LOS for traffic congestion falls below LOS "D." 'Western Avenue, Suile 500 0 Seattle, '~¥asnington 98104-i035 0 (206) 464-7090 0 FAX 5874825 Mr. Perez Page 2 April 26, 2000 Estimate of Traffic Impacts & Needs on State Highway Facilities: Provide a descriptive estimate of how your jurisdiction's projected growth may impact the above identified traffic LOS on state-owned highway facilities within your jurisdiction. This should involve a local modeling estimate which identifies how your plan's land use and growth projections may impact state-established LOS on Highways of Statewide Significance (HSS) within your jurisdictional area. These estimates should be documented in a table which also includes consistent recognition in your plan of the state highway needs previously identified by WSDOT in its Highway System Plan (HSP). For information on the WSDOT's Highway System Plan, Highways of Statewide Significance, and projected facility "needs" on state highways within your jurisdiction, please contact Mr. Chris Picard at the WSDOT's Office of Urban Mobility at 206/464-5420. (Note: clarifications in the 1998 GMA amendments exempted transportation facilities and services of statewide significance in our region from local concurrency requirements. It further determined that the nine categories of statewidefacilities ofstatewide significance are to be essential public facilities as defined under the GMA. One category, Highways of Statewide Significance (HSS), has already been designated by the Transportation Commission and the Legislature; current efforts to update the WTP and the region's Metropolitan Transportation Plan (MTP) in 2001 will clarify and define the extent of the other eight categories of facilities and services of statewide significance. Please see the enclosed brochure for further definition and explanation of facilities and services of statewide significance). Within the central Puget Sound region, jurisdictions are encouraged to contact the WSDOT's Office of Urban Mobility for information on transportation facilities of statewide significance and the established LOS standards. If your jurisdiction uses a process to set level-of-service standards that differs from the approach used by the state, you are encouraged to cite the state standards and then briefly state the compatibility of your jurisdiction's level-of-service methodology. You should also reference in your comprehensive plan that state facilities were factored into your modeling. The Puget Sound Regional Council must begin certifying that jurisdictions have met these requirements for all future comprehensive plan amendments that are submitted after the December 31, 2000, deadline. If these requirements are not met, it could result in a change in a jurisdiction's certification status. As a reminder, all cities and counties must maintain a certified transportation element in their comprehensive plans to be eligible to apply for funding through the Regional Transportation Improvement Program (TIP). Mr. Perez Page 3 April 26, 2000 Please let us know if we can be of assistance as you address these additional growth management requirements. If you have questions about the "Level-of-Service Bill" please contact Kevin Murphy at (206) 464-6411 or by e-mail at kmurphy@psrc, org. If you have questions about the Regional Council's plan review and certification work, please contact Rocky Piro at (206) 464-6360 or by e-mail at rpiro@psrc, org. To contact the WSDOT's Office of Urban Mobility, please contact Chris Picard at (206) 464-5420. Thank you. Sincerely, man, Director Transportation and Growth Planning CC: Margaret Clark, Senior Planner Stephen Clifton, Director of Community Development Cary Roe, Director of Public Works Enclosure: Copy of Brochure - Coordinating Transportation and Growth Management Planning: Background and Information Guide X:LFGSXSTAFI:~ HEILA\ 1487 Letter. wpd