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LUTC PKT 04-23-2001 · .~'% · .... · ~'." ............ ;".~'.~ ........ .i~ .ri~-,,..,.~ Council ':'.:"': . :.: · .... .". "..'~ ':"i ':i:' ": :: ".i':" .:}ii}ii!:" Land USe]Transportation Committee · : '.~'..: v "'"' ~':.~'~." :.:::t '~:.' :'Ap~ii':'23,. 2001:· '.' :?::'.':." ' :'"'~'"':.: ' .'~ !'~':". '.!:;: 5:30 pm?..:. ~ ,"~.i~ .., """'" '. · '~.~'.'..'.',..'..i~: . City Hall Council Chambers 2. 3. 4. MEET]:NG AGENDA CALL TO ORDER Approval of Minutes of the March 5, 2001, Meeting PUBLIC COMMENT (3 minutes) BUSINESS 1TEMS A. Public Parks Code Amendments (Recreation Action Facilities, Schools, Golf Courses/Driving Ranges, Heights & Landscaping( B. Five-Story Wood Structure Ordinance Action C. Interlocal with Fire District Action D. Nautilus Neighborhood Traffic Safety Project Action E. Federal Way High School Neighborhood Action Traffic Safety Project · F. 1999/2000 Pavement Markings Contract Action Retainage Release G. 2001 Asphalt Overlay Bid Award Action H. 23rd Avenue South Road Improvements Action Project Bid Award FUTLJRE MEETING AGENDA ITEMS Lake Grove Neighborhood Project Report and Recognition ADJOURN Sepler/10 min Gaviglio/15 min Gaviglio/15 min Perez/10 min Perez/10 min Perez/10 min Salloum/lO min Salloum/lO min Committee Members: Dean McColgan Jeanne Burbidge Eric Faison City Staff: Kathy McC/ung, Director, Community Development Services Sandy L y/e, Administrative Assistant 253.661.4116 I:\LU-TRANS\April 23, 2001 LUTC AGN.doc Land Use/Transportation COmmittee. March 5, 2001 .,.. ...... :..... 5:30 pm ':City Hall Council chambers MEETING SUMMARY In attendance: Committee members Dean McColgan, Chair, and Jeanne Burbidge; Deputy Mayor Linda Kochmar; City Manager David Moseley; Director of Community Development Services Kathy McClung; Public Works Director Cary Roe; City Attorney Bob Sterbank; Senior Planner Margaret Clark; Traffic Engineer Rick Perez; Administrative Assistant Sandy Lyle. CALL TO ORDER Chair McColgan called the meeting to order at 5:32 pm. APPROVAL OF MINUTES The minutes of the February 21, 2001, meeting were approved as presented. PUBLIC COMMENT Dave Kaplan, an active and interested citizen, quoted an article he read in the USA Today. He provided the clipping to the Committee. It will be copied and distributed to the Council and interested staff. 4. BUSINESS ITEMS A. Draft RFP for Downtown Market Study - The Committee m/s/c a recommendation that the Council approve the draft Request for Proposals to conduct a market study for the City Center Core and Frame zoning districts. Conducting the study is the first step to determine residential and housing capacity the City can expect to see in the downtewn area in the next several years. The information gathered will be used as the basis for completing the Planned Action SEPA budgeted and planned for this year's work program. B. 2001 Site-Specific Comprehensive Plan Map Change Requests - Staff introduced the site specific Comprehensive Plan Map Change Requests. There are six new requests and one request to amend the text of the Comprehensive Plan. There are four previous requests that have been through the selection process and are waiting for the Transportation Model to be finalized prior to moving forward. The selection criteria were discussed and reviewed for each request. The Committee m/s/c recommendation to the Council to go forward and study further Site Specific Requests #'s 3-6. Request #1 was recommended not to go forward for further analysis, because it did not meet Criteria #1 and 2. Site Specific Request #2, a request from Paul Benton, to change the comprehensive plan designation and zoning of 4.03 acres located north of South 312th Street and east of First Avenue South from Professional Office (PO) to Office Park lOP) was withdrawn by Mr. Benton on the basis that Federal Way has a sufficient number of senior housing units. De-En Lang complimented staff on bring responsive to telephone calls, and clarified that Site Specific Request ~ was only for that portion of the site east of the Class II wetland, as only that portion of the site would be served by sanitary sewer. Dave Kaplan reminded staff that the wetlands on this site were contiguous to the wetlands on the Silverwood site. C. Allowed Maximum Heights and Other Miscellaneous Changes and Amendments - As part of its regular review of development regulations, staff has identified the need to amend the text of Federal Way City Code (FWCC), Section 22, to address some inconsistencies and other clarifications regarding the definition, height and location of schools; ensuring consistency of building height in multifamily residential zones; and modification of parking regulations for o churches to address a wide range of uses associated with churches. The Committee agreed to add "professional training or continuing education in these or similar professions" to the definition of Business or Vocational Schools. The Committee also agreed that schools should be able to build higher if setbacks are increased. The Committee thought it reasonable to require churches to provide a transportation management plan addressing the varied uses of the specific site in order to assess parking needs. Len Zickler of AHBL Engineers, the firm working on the new High School, commended staff for responding to the needs of the school district, even though he, personally finds the language in the use charts confusing. He stated that the School District supports the proposed amendments before the Committee. The issue of increased heights generated much discussion among Committee members because any time a height increase is proposed, the impairment of a view is possible. The Committee would like to preserve Council's right to review such cases. As a result the Committee added to the future work program a comprehensive overview of height issues. The Committee then m/sic the amendments to the Code as amended and recommended approval to the City Council at its meeting on March 20, 2001. FUTURE MEETINGS The next meeting will be held in Council Chambers at 5:30 pm on March 19, 2001. ADJOURN The meeting adjourned at 7:05pm. I:~LU-TRANS~IVlarch 5, 2001 sum.doc CITY OF FEDERAL WAY MEMORANDUM To: FROM: VIA: DATE: SUBJECT: Dean McColgan, Chair Land Use/Transportation Committee (LUTC) Kathy McClung, Director of Communi[y Development Services Greg Fewins,.Deputy Director, CDEV' David ~ger April 23,2001 Amendments to Federal Way City Code (FWCC) Relating to Public Park and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping I. INTRODUCTION AND BACKGROUND As part of its regular review of development regulations and based on direction received from the Land Use & Transportation Committee,~ Staff has proposed code amendments to provide for an increase in the maximum height requirements for sports field lighting, flag poles, and other minor and supporting structures such as back stops associated with schools, public parks, golf courses, and golf driving ranges, and to provide for flexibility regarding landscaping requirements specifically for schools and public parks. Text sections of Chapter 22, "Zoning," of the FWCC regarding review processes is proposed to be amended based on: 1) existing code interpretations by the Director of Community Development Services; and 2) the need to improve upon the current limitations regarding specific height and landscaping requirements for schools, public parks, recreational facilities, golf courses, and golf driving ranges. This is necessary in order to logically provide for the improvement and addition of minor and supporting structures greater in height than currently allowed by the FWCC that are necessary and integral to the subject use, as well as greater latitude in landscaping requirements due to the unique nature and functional requirements of public parks and schools. Currently, minor and supporting structures cannot exceed the height limit in certain zones, and landscaping requirements for parks and schools do not reflect the unique nature and requirements generally associated with these uses. At present, a variance process is required to allow for height increases. Staff believes that there should be amendments to the zoning code. Many minor and supporting structures in public facilities, such as lighting, bleachers, backstops, etc., exceed the height limit. Currently, a variance must be applied for each time a structure exceeding the height limit is required. This is an unnecessary process for placing a minor and supporting structure that is already an allowed use at these types of facilities. i The 2000 Planning Commission Work Program was presented to the LUTC on January 10, February 24, and April 17, 2000. At the LUTC's April 17, 2000 meeting, the LUTC made a motion to recommend approval to the City Council of the work program, which included heights and landscaping amendments under "Miscellaneous Code Amendments." The work program was approved by the City Council at their May 2, 2000, meeting. The identified uses, public parks and recreational facilities, schools, and golf driving ranges, are allowed in all zones with the exception of Corporate Park zone (CP). II. DECISIONAL CRITERIA AND ANALYSIS FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments regarding landscaping and heights 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 amendment is consistent with the applicable provisions of the Comprehensive plan. The proposed amendment regarding heights and landscaping are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG 1 Improve the appearance and function of the built environment. L UP 4 Maximize efficiency of the development review process. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendments will provide greater flexibility in placing minor and/or supporting structures above the current height limit, by eliminating the requirement to go through a costly and time-consuming variance procedure. Landscaping flexibility will promote retaining the natural environment, as found in parks to a greater degree. The proposed amendments will require that the proposed height of minor and supporting structures (if greater than currently allowed in the zoning tables) for schools, public parks and recreational facilities, golf courses and golf driving ranges, and landscaping modifications for schools, public parks and recreational facilities be subject to individual administrative review by the Director of Community Development Services. This review will assess each proposal on a case-by-case basis to ensure that the minor and supporting structures would not have a significant adverse effect on surrounding properties, and that landscaping modifications are established consistent with the review criteria found in FWCC Section 22-1570. In addition, flexibility in landscaping will in certain instances help promote public safety through adherence to Crime Prevention Through Environmental Design (CPTED) standards. For example, a reduction in perimeter landscaping requirements may allow greater visability of a public facility by the police, and discourage unlawful activities. Additionally, the proposed FWCC text amendments will result in improved review processes, which have a direct relationship to public health, safety, and welfare. 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve review processes, resulting in increased efficiency and effectiveness of city resources. Page 2 of 4 III. PLANNING COMMISSION RECOMMENDATION AND PROCEDURAL SUMMARY 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 Planning Commission considered the proposal in light of the decisional criteria in FWCC 22-521. The role of the Planning Commission was as follows: · To review and evaluate the zoning code text regarding any proposed amendments; To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. The proposed text amendments to the Zoning Chapter of the FWCC involve exclusively land use procedures and do not contain substantive standards respecting use or modification of the environment. Therefore, the proposed text amendments are categorically exempt from the provisions of the State Environmental Policy Act (SEPA), pursuant to FWCC Section 18-71. A Notice of Public Hearing, the Planning Commission Staff Report, and the Draft FWCC text amendments regarding development review processes were published, posted, and distributed consistent with code requirements. The Planning Commission conducted a public hearing on the proposed FWCC text amendments on April 4, 2001. The Planning Commission considered the proposed text amendments (Exhibit A) in light of the decisional criteria outlined above in Section H of this report. By a unanimous vote (6-0), the Commission recommended that the City Council adopt the zoning code text amendments IV. COUNCIL ACTION Consistent with the provisions of FWCC Section 22-541, after consideration of the Planning Commission report and at its discretion holding its own public hearing, the City Council shall by majority vote of its total membership take the following action: I. Approve the proposed zoning code text amendment by ordinance; 2. Modify and approve the proposed zoning code text amendment by ordinance; 3. Disapprove the proposed zoning code text amendment by resolution; or Remand the proposed zoning code text amendment back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the ti~ne within which the Planning Commission shall report back to the City Council on the proposed zoning code text amendment. Page 3 of 4 LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION It is the city's practice that all land use related items be presented to the LUTC. The LUTC will discuss the Planning Commission's recommendation during an April 23, 2001, public meeting. The LUTC forwards the proposed amendments to the full Council for first reading with the following recommendation: __ Recommend APPROVAL of the proposal by adopting an appropriate ordinance. __ Recommend APPROVAL of the proposal as MODIFIED by adopting an appropriate ordinance. Recommended DISAPPROVAL of the proposal by resolution. APPROVAL OF COMMITTEE ACTION Dean McColgan, Chair Jeanne Burbidge Eric Faison EXHIBITS 1. Draft Ordinance A. Proposed Amendments: Land Use Charts and Federal Way City Code, Article XVII Section 22-1561, "Purpose," and Section 22-1570, "Modification Options." 2. Staff Report to the Planning Commission (April 4, 2001, Planning Commission Meeting) Page 4 of 4 CITY OF FEDERAL WAY ORDINANCE NO. 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS HEIGHT AND LANDSCAPING REQUIREMENTS FOR PUBLIC PARK AND RECREATIONAL FACILITIES, SCHOOLS, GOLF COURSES, AND GOLF DRIVING RANGES WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning), to modify standards relating to height and landscape requirements for public park and recreational facilities, schools, golf courses, and golf driving ranges will provide for improved review processes; WHEREAS, the City of Federal Way finds that the code amendments relating to height and landscape requirements for public park and recreational facilities, schools, golf courses, and golf driving ranges will implement and is consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments relating to the proposed changes on April 4, 2001, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code amendments on April 23, 2001, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the proposed code amendments are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. OgOlNA~qC£ NO. 01- , PAGE I EXHIBIT .... ! , ,, PAGE /. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Comprehensive Plan goals and policies: LUG1 Improve the appearance and function of the built environment. LUP 6 Conduct regular reviews of development regulations to determine how to improve upon the development review process. LUG 3 Preserve and protect Federal Way's single-family neighborhoods. LUP15 Protect residential areas from impacts of adjacent non-residential uses. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare because they will result in improved review processes, by providing consistency between requirements and standards. 3. The proposed amendment is in the best interest of the residents of the city because they will improve review processes by clarifying and standardizing requirements, resulting in increased efficiency and effectiveness of city resources. Section 3. Amendment. FWCC Chapter 22 shall be amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. EXHIBIT ,! PAGE OF Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the __ day of ., 2001. APPROVED: MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY TItE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: I:xlX)CUMENT~Miscellaneous Code Amendments~Parks & School Heights\Original Ordinance.doc/Last printed 04/17/2001 02:03 PM ! EXHIBIT .... PAGE ,, OF ORDINANCE NO. 0 l- , PAGE 3 H EXHIBIT Z 4- PAGE I OF 19 ~- S~IDVdS 9ND~Vd 9Pdf'LLC) fl'BiS ..40 J.,HDI'~I INflIAIIXV-I,N (q3~3) ~KIIS ~NO~I:I ~ZIS £0l SSHDO~Id ~HIA~d (Im:IlflbWd SNOI.I.V'-IflD3B EXHIBIT- H EXHIBIT PAGE .~ OF 50 J~IDIHtt (tp~a) ~l(:]IS ..LNOlt5 SS~{::)C)~{d SIqOI&VqlTD~I EXHIBIT_ PAGE q OF_ EXHIBIT PAlP EXHIBIT PAGE & OF A EXHIBIT nA~l~ "2 EXHIBIT, PAGE ~ A EXHIBIT, S~9VdS DNl'hqgIVd WdlILD fl~.l.S :[0 J~IDIHH o .- EXHIBIT PAI3E /~ OF EXHIBIT A · PAGE /~ OF_ / ? - EXHIBIT , /~ .... PAGE /3 OF /? 0 H EXHIBIT PAGE OF EXHIBIT EXHIBIT , PAGE /c ,OF FWCC ARTICLE XVII. LANDSCAPING Sec. 22-1561. Purpose. The purpose of this article is to: (1) Provide minimum standards for landscaping in order to maintain and protect property values and to enhance the general appearances of the city. (2) Encourage creative landscaping designs that utilize native vegetative species, drought tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the city. (3) Respond to state-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality. (4) Reflect current city planning goals, urban design standards, and ecological awareness. (5) Provide an appropriate amount and quality of landscaping related to all land use in the city. (6) Establish a minimum level of regulation that reflects the purposes of this chapter. (7) Provide for design flexibility. (8) Retain significant trees, a valuable natural resource of the community. (9) Recognize the unique qualities embodied in public facilities by providing for a reasonable degree of flexibility in structure while protecting adiacent uses. 22-1569 No Change. Sec. 22-1570. Modification options. (a) Purpose. The purpose of this section is to provide an opportunity for development of exceptional or unique landscape designs which do not meet the express terms of sections 22-1564 through 22-1567, and/or flexibility of landscape designs. The director of community development shall have the authority, consistent with the criteria stated herein, to modify or reduce specific requirements or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this chapter, and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the director of community development concurrent to submittal the review of a landscape plan. Examples of special conditions might include: (1) Preservation of unique wildlife habitat; (2) Preservation of natural or native areas; (3) Compliance with special easements; (4) Renovation of existing landscaping; (5) Unique site uses. The alternative landscape modifications described in sections (c) through (f) shall be allowed only if the proposed modification meets the threshold criteria of subsection (b) below, in addition to the special criteria of sections (c) through (f). In the case of public parks, schools, and public recreational facilities, these uses must meet (1-4) only. Sec. 22-1570 (c) ::> (h) No change. Secs. 22-1571 :> 22-1595. Reserved. No change. I:~OCUME~iscellaneous Code Amcndme~ts~Parks & School Hcights~FED WAY exh B.doc/Last printed O4/I 7/2001 02: IO PM EXHIBIT, A PAGE 22-1569 FEDERAL WAY CITY CODE (Ord. mowing; trimming; edging; cultivation; re- seeding; plant replacement; appropriate fer- tilization; spraying; control &pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations nec- essary to assure normal plant growth. In particular, maintenance shall promote land- scape performance criteria of this chapter. (2) Irrigation maintenance: All portions of any irrigation system shall be continuously maintained in a condition such that the in- tent of an irrigation design is fulfilled. Un- controlled emission of water from any pipe, valve, head, emitter, or other irrigation de- vice shall be considered evidence of non- maintenance. (3) [Other maintenance.] Maintenance of all landscaped areas shall also include opera- tions as needed of painting, repairing, re- construction, and rehabili~tion of land- scape structures such as walls, fences, overheads, trellises, and the removal of trash. (4) Failure to comply with landscape mainte- nance standards shall constitute a zoning violation under Federal Way Zoning Code, Section 22-11 of the Federal Way City Code. No. 93-170, § 4, 4-20-93) Sec. 22-1570. Modification options. (a) Purpose. The purpose of this section is to provide an opportunity for development of excep- tional or unique landscape designs which do not meet the express termsof sections 22-1564 through 22-1567, and/or flexibility of landscape designs. The director of community development shall have the authority, consistent with the criteria stated herein, to modify specific requirements or impose additional requirements in unique or special cir- cumstances to assure the fulfillment of the stated purpose of this chapter and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the di- rector of community development concurrent to submittal the review of a landscape plan. Exam- ples of special conditions might include: (1) Preservation of unique wildlife habitat; Supp. No. 2 1628.6 (2) Preservation of natural or native areas; (3) Compliance with special easements; (4) Renovation of existing landscaping; (5) Unique site uses. The alternative landscape modifications described in sections (c) through (fl shall be allowed only if the proposed modification meets the threshold cri- teria of subsection CO) below, in addition to the special criteria of sections (c) through (f). CO) Modifications to the landscape standards may be granted by the director of community de- velopment if: (1) The proposed modification represents a su- perior result than that which could be achieved by strictly following the require- ments of this chapter; and (2) The proposed modification complies with the stated purpose of this cllapter and any applicable subsections of this chapter; and (3) If the proposed modification will not vio- late any City of Federal Way Municipal Codes or ordinances. In particular, a mod- ification shall not be a substitute for any zoning variance; and (4) Where applicable, the proposed modifica- tion would result in an increased retention of significant trees and/or naturally occur- ring vegetation on the site. (5) The proposed modification also satisfies the criteria listed in section Co), or section (c), or section (d), or section (e), or section (fl. (c) The width of the perimeter landscaping may be reduced up to 25 percent when: (1) (2) A development retains an additional ten percent of significant trees or ten signifi- cant trees per acre on-site, whichever is greater. The proposed landscaped area incorporates a combination of plant materials, berms a minimum of three feet in height, and ar- chitectural elements of appropriate height and scale sufficient to act as an efficient substitute for the three-foot berm. EXHIBIT A - PAGE - ZONING § 22-1c trees, to provide the best protection for sig- nificant trees: a. No clearing shall be allowed on a pro- posed development site until the tree retention and landscape plans have been approved by the City of Federal Way; b. A no disturbance area, which shall be defined to be to the drip line of the sig- nificant tree, shall be identified during the construction stage with either: i. A temporary five-foot chain link fence. ii. A line of five-foot high, orange- colored two-by-four inch stakes placed no more than ten feet apart connected by highly visible survey- or's ribbon. c. No impervious surfaces, fill, excava- tion, or storage of construction mate- rials shall be permitted within the no disturbance area; d. If the grade level around the tree is to be raised by more than one foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus ten feet. Proper drainage, and irriga- tion if necessary, shall be provided in all rock wells; e. The grade level shall not be lowered within the larger of the two areas de- fined as follows: i. The drip line of the tree(s); or ii. An area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground. f. Alternative protection methods may be used if accept~l by the director of com- munity development department to pro- vide equal or greater tree protection. g. Encroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. (Ord. No. 93-170, § 4, 4-20-93) Supp. No. 2 Sec. 22-1569. Performance and maintenance standards. (a) Performance. (1) All required landscaping shall be installed prior to the issuance of a certificate o£ oc- cupancy (CO) or final inspection. (2) When landscaping is required pursuant to this chapter, an inspection shall be per- formed to verify that the installation has been installed pursuant to the standards o£ this chapter. (3) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4) A CO or £mal inspection may be issued prior to completion of required landscaping pro- vided the following criteria are met: a. An applicant or property owner files written request with the departmen. of community development prior to five days of a CO inspection; b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a signif- icant hardship, prevent the installa- tion of the required landscaping prior to issuance of the CO; c. The property owner has demonstrated a good faith effort to complete ail re- quired landscaping. (5) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. (6) Failure to complete landscape installation by an established 90<lay extension date shall constitute a zoning violation. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (1) Plant maintenance: Maintenance of plante' areas shall include continuous operatiom of removal of weeds before flowering; EXHIBIT A 1628.5 STAFF REPORT TO THE PLANNING COMMISSION Public Park and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping Federal Way City Code (FWCC) Amendments Planning Commission Meeting of April 4, 2001 I. BACKGROUND As part of its regular review of development regulations and based on direction received from the Land Use & Transportation Committee (LUTC),! Staff has proposed code amendments to provide for an increase in the maximum height requirements for sports field lighting, flag poles, and other structures such as back stops associated with schools, public parks, golf courses, and golf driving ranges, and to provide for flexibility regarding landscaping requirements specifically for public parks and schools. Text sections of Chapter 22, "Zoning, of the Federal Way City Code (FWCC) regarding review processes is proposed to be amended based on: 1) existing code interpretations by the Director of Community Development; and 2) the need to improve upon the current limitations regarding specific height and landscaping requirements for schools, public parks and recreational facilities, golf courses, and golf driving ranges. This is necessary in order to logically provide for the improvement and addition of structures greater in height than currently allowed by the FWCC that are necessary and integral to the subject use, as well as greater latitude in landscaping requirements due to the unique nature and functional requirements of public parks and schools. Currently, structures cannot exceed the current height limit in certain zones, and landscaping requirements for parks and schools do not reflect the unique nature and requirements generally associated with landscaping in parks and schools. At present, a variance process is required to allow for height increases. Staff believes that there should be amendments to the zoning code. Many functional structures in public facilities, such as lighting, bleachers, backstops, etc., exceed the height limit. Currently, a variance must be applied for each time a structure exceeding the height limit is required. This is an unnecessary process for placing a structure that is already an allowed use at these types of facilities. ~ The Land Use and Transportation Committee (LLITC) is a committee of the City Council charged with the review and approval for forwarding to the City Council the various amendments. EXHIBIT,,, PAGE /, OF The identified uses, public parks and recreational facilities, schools, and golf driving ranges, are allowed in all zones with the exception of the Corporate Park zone (CP). Attached is a draft ordinance that identifies the proposed text amendments to the Zoning Chapter of the FWCC. The draft ordinance has been prepared in "line- in/line-out" format, with stfikeeuts (proposed deletions) and underline (proposed additions) indicated. II. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, Process VI Review, establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: To review and evaluate the zoning code text regarding any proposed amendments; · To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528; and, · To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. III. PROCEDURAL SUMMARY The 2000 Planning Commission Work Program was presented to the LUTC on January 10, February 24, and April 17, 2000. At the LUTC's April 17, 2000, meeting the LUTC made a motion to recommend approval to the City Council of the work program, which included heights and landscaping amendments under "Miscellaneous Code Amendments". The work program was approved by the City Council at their May 2, 2000, meeting. The proposed text amendments to the zoning chapter of the FWCC involve exclusively land use procedures and do not contain substantive standards respecting use or modification of the environment. Therefore, the proposed text amendments are categorically exempt from the provisions of the State Environmental Policy Act (SEPA), pursuant to FWCC Section 18-71. A Notice of Public Hearing, the Planning Commission Staff Report, and the Draft FWCC text amendments regarding development review processes were published, posted, and distributed consistent with code requirements. Public Park and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and l_amdscaping FWCC Amendments Planning Commission Staff Repo~ Page 2 of 4 EXHIBIT ,,, IV. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments regarding landscaping and heights with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: I. The proposed amendment is consistent with the applicable provisions of the Comprehensive plan; The proposed amendment regarding heights and landscaping are consistent with, and substantially implement, the following Federal Way Comprehensive Plan (FWCP) goals and policies: LUG 1 Improve the appearance and function of the built environment. LUP 4 Maximize efficiency of the development review process. 2. The proposed antendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendments will provide greater flexibility in placing minor and/or supporting structures above the current height limit, by eliminating the requirement to go through a costly and time-consuming variance procedure. Landscaping flexibility will promote retaining the natural environment, as well as that environment generally found in parks and schools to a greater degree. The adherence to Crime Prevention Through Environmental Design Standards (CPTED) will promote public safety through coordination of flexible landscaping with crime prevention standards. Additionally, the proposed FWCC text amendments will result in improved review processes, which have a direct relationship to the public health, safety, and welfare. 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve review processes, resulting in increased efficiency and effectiveness of city resources. Public Park and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping FWCC Amendments Planning Commission Staff Report Page 3 of 4 EXHIBIT, PAGF OF V. 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 amendments: 1. Recommend to City Council for adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council for adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VI. STAFF RECOMMENDATION The following motion is suggested: Move to recommend to the City Council for adoption of the proposed FWCC text amendments regarding public facilities heights and landscaping requirements. (If changes occur as a result of Planning Commission deliberations, add, "....as amended by the Planning Commission.") VII. ExmmTS Exhibit A - Use Zone Charts Amendments Exhibit B - Article XVII, Landscaping Amendments I: ' [aaeo~ Code Amemlmoauq'~lts & ~ Hclght*~ED WAY I~s&hts ffi'AFF gPT.docJI, a~ [xinted 0~1/28/200! 09:06 AM Public Park and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping FWCC Amendments Planning Conunis~ion Staff Report Page 4 of 4 EXHIBIT To: From: Via: Date: Subject: Land Use and Transportation Committee Mary Kate G,aviglio, Building Official Amendment to the Federal Way City Code (FWCC) Chapter relating to Building Code Requirements Alternate materials, alternate design and methods of construction - Five Story Wood Frame Construction INTRODUCTION ANDBACKGOUND Many cities are looking at ways to optimize small building sites. Five-story wood frame construction is one solution that has been used in several cities including Portland, Seattle, Tacoma, and Everett. While not currently incorporated into the uniform codes, five-story wood frame construction, where it has been allowed, has an excellent life- safety record. Ordinances in the cities noted above vary according to the fire fighting capability of individual fire departments or districts. This ordinance is intended to provide for the safety of occupants regardless of variable or fluctuating response capabilities of local fire departments. The building's fire-life safety features represent the same level of safety expected from any building built under the provisions of the UBC. Changes to the Uniform Building Code (UBC) with regard to basic fire-life safety provisions were avoided. Only those requirements pertaining directly to the impacts of an additional wood frame story (number of stories, allowable area) were amended. (See the attached comparison to the 1997 UBC.) The concept assumes that the addition of the fifth story requires a greater degree of fire- resistivity for the first wood frame story in order to protect the structural integrity of both the building itself and the exit structures. The exit enclosures are provided with pressurization to compensate for the additional distance that the occupants must travel from the fifth floor. This is a conservative approach in as much as the UBC and the International Building Code (IBC) require no additional fire protection based on exit travel distance once occupants are in a protected exit enclosure. Emergency power is required to operate at least one elevator and all emergency related systems. All other requirements of the UBC apply as appropriate based on occupancy type. This ordinance will be presented in the form of a code amendment to the Washington State Building Code during the next cycle. In the meantime, as has been discussed with State Building Code Council (SBCC) staff, this ordinance can be utilized under section 104.2.8- Alternate materials, alternate design and methods of construction, 1997 UBC. SBCC staff has confirmed that local jurisdictions have the authority to adopt such regulation as is beneficial to their communities, as long as it meets the intent of section 104.2.8. Furthermore, SBCC staff has found no substantial flaws in technical content, legal authority or process. They have recently responded to a group of three Eastside jurisdictions in writing to this effect. Fire department personnel in several cities have reviewed the ordinance and have been supportive of the concept and the approach to fire safety. The City of Burien has already adopted this ordinance as part of their building code. Il. PROCEDURAL SUMMARY A generic version of this ordinance has been presented to the King County Growth Management Board, the Washington Association of Building Officials (WABO), and the King County Advisory Committee. The State Building Code Council staff has also reviewed the document. In February, the City of Burien approved a version of the ordinance. III. COUNCIL ACTION/STAFF RECOMMENDATION The Council shall by majority vote of its total membership take the following action: 1. Approve the proposed Building Code amendment by ordinance; Modify and approve the proposed Building code amendment by ordinance; or 3. Disapprove the proposed Building Code Amendment. Staff recommends adoption of the ordinance amending Chapter 5 of the Federal Way City Code IV. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION It is the City's practice that all building code amendments be presented to the LUTC. The LUTC discussed the ordinance and staff's recommendation during an April 16, 2001 public meeting. LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by staff As recommended by staff and amended by the LUTC Approval of Committee Action Dean McColgan, Chair Jeanne Burbidge Eric Faison CODE COMPARISON Uniform Building Code (1997 UBC) vs. Five-story Wood Frame Construction ELEMENT UBC Number of Wood Frame Four~ Stories Allowed First Story Construction Type V 1-hour Remaining Story Type V :L-hour Construction Sprinkler Substitution for Not allowed V 1-hour construction Occupancies Allowed Stair Enclosure Construction Sprinkler System Alarm System Class ]: standpipe Stairwell Pressurization Stand-by power Height Maximum Allowable Area ~ Structural Observation 2 3 A, B, F-l, F-2, M, S-l, S-2, S-3, S-5, R-1 Two-hour + 11/2 hour opening protection Required Required Required Not required Conditionally required 50 2 56,000 4 Conditionally Required FIVE-STORY WOOD FRAME Five Type V 1-hour Structural frame: 2-hour fire resistive construction Type V 1-hour Not allowed A, B, F-l, F-2, M, S-1, S-2, S-3~ S-5, R-1 Two-hour + 11/2 hour opening protection Required Required Required Required Required 65 2,3 70~OOO 4 Required ]:ncludes one story increase for sprinklers IVleasured to the highest habitable floor. May trigger high rise requirements if height exceeds 55 feet above lowest fire department access (FVVCC) This number is for the purpose of comparison only. Buildings proposed with mixed uses may be affected by other code requirements and may be less than shown. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY FEDERAL WAY, WASHINGTON, AMENDING CHAPTER FIVE OF THE FEDERAL WAY CITY CODE TO ALLOW CONSTRUCTION OF FIVE-STORY WOOD FRAME BUILDINGS. WHEREAS, the City of Federal Way desires to provide additional tools to build economically viable mixed-use buildings; and WHEREAS, Chapter 5 of the Federal Way City Code allows for the approval of alternate material, methods of design, and methods of construction; and WHEREAS, the City solicited input from local technical professionals who recommended adoption of alternate methods and materials to allow an additional story of wood frame construction for mixed-use buildings, provided that specific design and inspection standards are met, and WHEREAS, providing this alternate method of construction will provide an additional incentive for the construction of economically viable mixed-use and residential occupancies within downtown Federal Way, consistent with the City's Comprehensive Plan land use element policies which provide for high density uses in the downtown; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. amended as follows: Amendment Chapter 5 of the Federal Way City Code is hereby A. The table of contents of Chapter 5 is amended as follows: ORD # ., PAGE 1 Chapter 5 BUILDINGS AND BUILDING REGULATIONS Article I. In General Sec. 5-1. Purpose. Sec. 5-2. Conflicts. Sec. 5-3. Interpretation. Sec. 5-4. Application and scope. Sec. 5-5. Copies of codes. Sec. 5-6. Appeals. Sec. 5-7. Enforcemem (general). Secs. 5-8--5-35. Reserved. Article Il. Administration Sec. 5-36. Right of entry. Sec. 5-37. Authority to adopt roles and regulations. Sec. 5-38. Liability. Sec. 5-39. Deviations. Sec. 5-40. Additional conditions. ORD # , PAGE 2 Sec. 5-41. Appeals. Sec. 5-42. Permits. Sec. 5-43. Enforcement (administration). Secs. 5-44--5-65. Reserved. Article III. Building Construction Standards Sec. 5-66. Building codes adopted. Sec. 5-67. Amendments. Sec. 5-68. Uniform Building Code Section 105 amended--Board of appeal. Secs. 5-6 79--5-90. Reserved. Article IV. m.,--~.:n- t-..~. ......... s .... Five-Story Wood Frame Buildings Sec. 5-69. Purpose-General Sec. 5-70. Construction. Sec. 5-71. Occupancy. Sec. 5-72. Stair Enclosures. Sec. 5-73. Fire Detection and Protection. Sec. 5-74. Height. ORD # ., PAGE 3 Sec. 5-75. Basic Allowable Floor Area Sec. 5-76. Fire Department Access. Sec. 5-77. Construction Inspection. Sec. 5-78. Maintenance of Fire Protection Systems. Article V. ~n~ec~an~,cal Code, Plumbing Code Division 1. Generally Sec. 5-91. Appeals. Sec. 5-92. Enforcement (plumbing code). Secs. 5-93--5-100. Reserved. Division 2. Permit Sec. 5-101. To whom issued. Sec. 5-102. Fees. Secs. 5-103--5-115. Reserved. Division 3. Standards Sec. 5-116. Plumbing code adopted. Sec. 5-117. Amendments. ORD # , PAGE 4 Sec. 5-118. County rules and regulations adopted relating to on-site sewage disposal systems. Secs. 5-119--5-140. Reserved. Article VI. ev:o,:..~ n..:,a:..~o Mechanical Code Sec. 5-141. Code adopted. Sec. 5-142. Amendments. Sec. 5-143. Appeals. Secs. 5-144--5-165. Reserved. Article VII. c...:......~..., o,,.~ u..+ ~-..,.o e-~. Existing Buildings Sec. 5-166. Codes adopted. Sec. 5-167. Appeals. Sec. 5-168. Amendments--Uniform Code for the Abatement of Dangerous Buildings. Secs. 5-169--5-215. Reserved. Article VIII. ~--'~--- ....... s ....... so Swimming Pools, Hot Tubs~ Spas Sec. 5-216. Reserved. Sec. 5-217, Compliance required. Sec. 5-218. Enforcement. ORD # ., PAGE 5 Sec. 5-219. Violations and penalties. Sec. 5-220. Satisfactory alternate. Sec. 5-221. Retroactive effect. Sec. 5-222. Fences and gates--Required. Sec. 5-223. Same--Waiver for inaccessibility. Sec. 5-224. Same--Covered pools. Sec. 5-225. Excavation walls; distance from slope; walkway. Sec. 5-226. Appeals. Secs. 5-227--5-245. Reserved. Article IX. Elcctr~.cal Code Moving Buildings Sec. 5-246. Purpose and scope. Sec. 5-247. Definitions. Sec. 5-248. Classification of movements. Sec. 5-249. Permit required. Sec. 5-250. Application for permit. Sec. 5-251. Fees. ORD # , PAGE 6 Sec. 5-252. Deposits; insurance. Sec. 5-253. Conditions for issuance of permits. Sec. 5-254. Escort. Sec. 5-255. Time. Sec. 5-256. Lights. Sec. 5-257. Notice to utilities. Sec. 5-258. Condition of lot. Sec. 5-259. Appeal process. Sees. 5-260--5-319. Reserved. Article X. Electrical Code Sec. 5-320. Electrical codes adopted. Sec. 5-321. Effect of chapter on existing wiring. Sec. 5-322. Amendments. B. Chapter 5 of the Federal Way City Code is amended as by the addition of a new article follows: ORD # , PAGE 7 ARTICLE IV. FIVE-STORY WOOD FRAME BUILDINGS Sec. 5-69. Purpose-General The purpose of this article to authorize the construction of five-story wood frame buildings as an approved alternate design and construction method under Section 104.2.8 of the 1997 Edition of The Uniform Building Code, and to set forth the criteria and standards which must be met before a building permit may be issued for a five-story wood frame building. Sec. 5-70. Construction. (a) Uniform Building Code Requirements. Five-story wood frame buildings must comply with all requirements of the Uniform Building Code, except as modified or supplemented by this article. In the event of a conflict between the Uniform Building Code and the provisions of this article, the provisions of this article shall control. References in this article to building construction "types" (e.g., Type I or Type V) shall have the same meaning as set forth in the Uniform Building Code. (b) Lowest Story Construction Requirements. The lowest story in a 5-story wood frame building shall be constructed of Type V 1-hour fire- resistive construction, except that all structural frame and load bearing elements must consist of apProved, two-hour fire-resistive construction. (c) Upper Four Stories. The upper four stories of a 5-story wood frame buildin~ shall be constructed of at least Type V 1-hour fire-resistive construction. (d) Use of Type V above Type I Construction. Where Type V wood frame stories are constructed over Type I construction, the Type V stories shall be separated from the Type I stories as provided in Uniform Building Code Section 311.2.2.1 (1997 Edition), as presently constituted or as may be subsequently amended. ORD # , PAGE 8 Sec. 5-71. Occupancy. (a) Occupancy of five-story wood frame buildings shall be allowed as provided in Table 5-B, Uniform Building Code, 1997 Edition as presently constituted or as may be subsequently amended, except that B, M, and R-1 occupancies shall be allowed on any floor. Lb_) Occupancy shall have the same meaning as set forth in the 1997 Edition of the Unif6rm Building Code, as presently constituted or as hereinafter amended. Sec. 5-72. Stair Enclosures. Where buildings are designed and constructed pursuant to this section, all stair enclosures shall be of two-hour fire-resistive construction with 1 1/2-hour opening protection. Sec. 5-73. Fire Detection and Protection. La_) Five-story wood frame buildings shall be protected throughout by an automatic fire sprinkler system complying with Uniform Building Code Standard 9-1 (NFPA 13), as set forth and contained in the 1997 Uniform Building Code and as amended by the State Building Code. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, 1-hour fire- resistive construction required in Section 5-70. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of wood frame construction may be permitted. lb) All stair enclosures and elevator shafts shall be pressurized as set forth in Uniform Building Code sections 905.3.2 and 905.5.3.3, as presently constituted or as may be subsequently amended. In addition a class I standpipe system as required by Uniform Building Code section 904.5 and Uniform Building Code Standard 9-2, as presently constituted or as may be subsequently amended, shall be installed. ORD # , PAGE 9 ~gj A standby power-generator set shall be provided on the premises in accordance with the 1997 Uniform Building Code section 403.8.1 and the 1999 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to stair enclosures, an elevator shaft pressurization, and elevators. (dj A monitored manual and automatic fire detection system, subject to the approval of the Fire Chief, shall be installed throughout the building and provide alarm, trouble and supervisory monitoring of the automatic fire sprinkler system. Sec. 5-74. Height. The maximum height of buildings designed and constructed pursuant to this section shall be 65 feet. The height shall be measured as provided in the 1997 Uniform Building Code as presently constructed or hereafter amended. Buildings constructed under this article shall also be subject to the requirements of Chapter 8 of this Code pertaining to high-rise buildings, as applicable. Sec. 5-75. Basic Allowable Floor Area The basic allowable area of floors of five-story wood frame buildings shall be as allowed in Table 5-B and sections 504 - 505, Uniform Building Code, 1997 Edition, as presently constituted or as may be subsequently amended, plus 25%. Sec. 5-76. Fire Department Access. Site design for any five-story wood framed building shall include access sufficient for Fire Department vehicles, as determined by the Fire Chief and Building Official. Fire Department vehicle access shall be documented on site and building plans. ORD # , PAGE 10 Sec. 5-77. Construction Inspection. The following shall be required for buildings designed and constructed pursuant to this section: Structural observation provided by the engineer of record for structural frame elements; and Special Inspection; Special inspections as required in the 1997 Uniform Building Code, as presently constructed or as hereaRer amended. Sec. 5-78. Maintenance of Fire Protection Systems. The owners of five-story wood frame structures shall maintain the fire and life-safety systems required by the Uniform Building Code and the Federal Way City Code in an operable condition at all times. Unless otherwise required by the Fire Chief, testers approved by the Fire Department shall conduct yearly testing of such systems. A written record shall be maintained and shall be forwarded to the Fire Marshal and be available to the inspection authority. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. ORD # , PAGE 11 PASSED by the City Council of the City of Federal Way this ,2001. day of CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\cd\ordina\5-storywoodbuildings ORD It , PAGE 12 To: From: Via: Date: Subject: Land Use and Transportation Committee Mary Kate Gaviglio, Building Official David M~anager April 23, 2001 Inter-local Agreement with Federal Way Fire Department INTRODUCTION AND BACKGOUND In August 2000, Battalion Chief Jerry Thorson of the Federal Way Fire Department requested that the 10 ½ year old inter-local agreement between the city and the fire district be updated to reflect current practices and to eliminate unclear language. Over the next six months fire department staff, the building official and the legal department revised portions of the agreement. This version is the final product of that negotiation and review. The changes to the agreement can be summarized as follows: Editorial Changes: Update outdated code references Update outdated occupancy classifications Formalize Current Procedures: Eliminate references to issuance of Fire Department Permits Establish written notice of violations procedures Establish time frame for re-inspection of violations Give specific direction for coordination of fire investigations with FW Building Department Clarify Service language: Include fire sprinkler and fire alarm modifications in review responsibilities Clarify final inspection coordination language Add language to indicate City responsibility for electrical permits associated with alarm systems Modify Annual Inspection Schedule: Modify annual inspection schedule to reflect bi-annual inspections for certain businesses/occupancies II. III. IV. PROCEDURAL SUMMARY The inter-local agreement has been reviewed by the City's legal department and by Federal Way Fire Department COUNCIL ACTION/STAFF RECOMMENDATION The Council shall by majority vote of its total membership take the following action: 1. Approve the proposed inter-local agreement; 2. Modify and approve the proposed inter-local agreement; or 3. Return the agreement to staff with direction for further negotiation. Staff recommends apprOval of the inter-local agreement as proposed. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION It is the City's practice that inter-local agreements be presented to the LUTC. The LUTC discussed the fire department inter-local agreement and staff's recommendation during an April 16, 2001 public meeting. LUTC forwards the agreement to the full Council for first reading as follows: As recommended by staff As recommended by staff and amended by the LUTC Approval of Committee Action Dean McColgan, Chair Jeanne Burbidge Eric Faison INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY FIRE DEPARTMENT, RELATING TO DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORM FIRE CODE. THIS AGREEMENT is made and entered this date by and between Federal Way Fire Department, a political subdivision of the State of Washington (hereinafter referred to as the "District") and the City of Federal Way, a non-charter optional municipal code city, incorporated under the laws of the State of Washington (hereinafter referred to as the "City"). WHEREAS, the City has adopted land use regulations and a series of safety codes having to do with the building, maintenance, and use of structure and their occupancies, including the Uniform Building Code CLIBC) and the Uniform Fire Code (UFC), and WHEREAS, the District has a fully functional Fire Prevention Division,.staffed with trained personnel that regularly conducts fire code safety inspections and plan review in an area that includes the City, and WHEREAS, the District has provided fire code safety inspections for the City since the City was incorporated in 1990 through an Interlocal Agreement entitled THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY FIRE PROTECTION DISTRICT NUMBER 39, RELATING TO DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORM FIRE CODE ("1990 Interlocal"); and WHEREAS, the parties to the interlocal agreements referenced above wish to terminate that agreement in order to update various provisions as set forth in this Agreement, NOW THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW, the City and the District agree as follows: In consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the District as follows: The District will appoint a representative(s) to participate in the City's development review process. This will include such items as Site Plan Review process, Community Development Review Committee, Pre-Construction conferences, and code enforcement. The City will advise the District in a timely manner of meetings that require their attendance. o The District will carry out the intent of the Uniform Fire Code (UFC) for the City by conducting inspections, investigations, performing plan review, and maintaining a Fire Prevention Division. All references to the UFC in this document refer to the 1997 UFC as it now exists or as is hereafter amended. Inspections of existing occupancies Will be conducted as follows: a. Inspections are to be performed as per section 103.3.1.1 and Section 105.4 of the UFC as presently constituted or subsequently amended. b. Inspections in accordance with Section 103.1.1 and 105.4 shall be conducted at least one time during every two-year period, except Group A and H occupancies, which shall be inspected on an annual basis. In all cases the inspections are to be conducted in a regularly scheduled manner. c. The District will serve written notice of violations of the UFC to the property and/or business owner as is appropriate. Re-inspection of failed inspections will be conducted not more than 30 calendar days after the initial inspection. The thirty-day limit may be exceeded if so doing does not endanger persons occupying or accessing the occupancy and the fire inspector sets and documents in writing a date certain for re-inspection. d. If compliance is not achieved after the first re-inspection, a second written notice will be served. e. If after a second re-inspection for violation, a non-compliance still exists, then the Fire Marshal shall confer with the Building Official and jointly prepare the enforcement action. f. At the time of the first inspection, Fire Department Inspectors will determine if a valid permit is held by occupancies requiring a permit, pursuant to UFC Article 4. If a valid permit is not held, the inspector will take appropriate action to inform the occupant of the local requirements. g. Notwithstanding the foregoing, immediate enforcement and or other actions may be undertaken by the City in lieu of warnings or reinspections if to do so is necessary to comply with applicable law or for other circumstances as determined by the City. The District shall refrain from performing any of the services specified in this paragraph upon request by the City. The District will conduct Fire Investigations in conformance with the UFC and other local, state or federal regulations. Fire investigators will advise the City's Building Official of structure fires as soon as possible but no later than the conclusion of the initial investigation, and prior to any work being done by a contractor to repair fire damage. All investigations involving the crimes of arson or mischievous burning are to be conducted and the appropriate police agency notified. This does not preclude any coordination or cooperation of any other appropriate agency. A copy of plans submitted to the City for building construction and/or alteration will be submitted to the District for review. Generally, the District will be responsible for determining: a. Fire hydrant locations. b. Locations of Fire Department connections for standpipes and sprinkler systems. c. Key box locations and approvals. d. Fire flow availability in areas where the Water/Sewer District does not have sufficient information e. Road access to property and buildings for fire fighting purposes, including designating fire lanes. f. Fire sprinkler and fire alarm modifications. The District will review plans for Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems. Associated electrical installations will be reviewed and permitted separately by the City. 6. The District will assist the City as necessary, to perform field inspections during various stages of construction on new and renovated buildings. The District will be responsible for witnessing tests of Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems. Such tests are to be performed by the installer. 8. The City and the District will jointly conduct final inspections of new buildings. 9. For such assistance of enforcing the codes and ordinances as adopted by the City, the City agrees to pay the District on a quarterly basis as follows: a. For assistance with plan review and inspection of buildings classified as Group A, B, E, F, H, I, M, RI, and S Occupancies as set forth in the UBC, the Fire Department Plan Check Fee collected pursuant to the Uniform Fire Code Fee Resolution as adopted by the City. b. For assistance with plan review and inspection of Automatic Fire Suppression Systems and Fire Alarm and/or Detection Systems, the Fire Department Plan Check Fee and the Fire Department Permit Fee for such systems collected pursuant to the Uniform Fire Code Fee Resolution as adopted by the City. 10. The District will review applications and perform field inspections of public fireworks displays to ensure compliance of applicable State and City laws. 3 16. 11. 12. 13. 14. 15. The Chief of the District or the Chief's designee, and the City Manager or the Manager's designee shall administer this agreement. (a) The City is contracting with the District to obtain the expertise, which the District acknowledges, and warrants its personnel possess. The employees of the District performing services under this Agreement shall, under no circumstances, be construed as being employees of the City. The District, with respect to the services provided by the District pursuant to this Agreement, hereby agrees to indemnify, defend and hold the City harmless from any and all claims for personal injury, property damage or other claims of any nature whatsoever arising out of the acts, omissions, or performance of any of the District's personnel in carrying out services contracted to be provided under this Agreement. Said agreement of indemnification shall include indemnification by the District of the City for any claims for injuries made by the District's agents or employees against the City, not withstanding any immunities that might otherwise have been available to the District by virtue of the Workman's C6mpensation Act, Title 51 RCW. (b) The City, with respect to this Agreement, hereby agrees to indemnify, defend and hold the District harmless from any and all claims for personal injury, property damage or other claims of any nature whatsoever arising out of the acts, omissions, or performance of any of the District's person:ri, el in carrying out services contracted to be provided under this Agreement. The 1990 Intedocal, as identified in the recitals of this Agreement, is hereby terminated as of the date of this Agreement. Either party may terminate this Agreement upon sixty (60) days written notice unless a shorter period is mutually agreed upon the by the parties. Paragraph 12 of this Agreement shall survive termination. Any notices required to be given by the City or by the District shall be delivered to the Parties at the addresses set forth below. City: District: City Manager City of Federal Way 33530 1st Way S. P. O. Box 9718 Federal Way, WA 98063-9718 Interim Administrator Federal Way Fire Department 31617 1 st Avenue S. Federal Way, WA 98003 Filing of Agreement. This Agreement shall be filed with the City Clerk of the each municipality and the King County Auditor as required by law. 4 The foregoing items are not intended to be all-inclusive, but to demonstrate intent of a cooperation needed to comply with the codes and goals of the City and the District. IN WITNESS THEREOF, the parties have executed this Agreement. CITY: DISTRICT: David H. Moseley, City Manager Date: K:\lawdeptXFW Fire Dept Dev Review Date: CITY OF~__~ DATE: April 16, 2001 TO: FROM: VIA: SUBJECT: Dean McCoigan, Chair Land Use and Transportation Committee Hazem EI-Assar, Assistant Traffic Engineer ~ David H. Mos~f~nager Nautilus Neighborhood Traffic Safety (NTS) Project BACKGROUND Residents in the area of Nautilus Elementary (10th Avenue S near S 304th Street) have requested the installation of speed humps in that area based on concerns of high traffic speeds and cut-through traffic. Currently adopted installation criteria are based on a point system as follows: ~~. ~!~; :...Ac~idefi~,pe~;Yea?'~ ....... ~ .... '~-.~ -.,,-. ~:' ..... , ...... ~ - t~" ...' .... · .' ,. - · ' *,' .... , . ....... ~ '-~:x~6~... ' 1~ .' ,.~' ~.'~: 0.5 0.3 - 0.5 500 - 1100 26 - 29 1.0 0.5 - 0.7 1101 - 1700 29.1 - 32 1.5 0.7 - 0.9 1701 - 2300 32.1 - 35 2.0 0.9- 1.1 2301 - 2900 35.1 -38 2.5 1.1 - 1.3 2901 - 3500 38.1 -41 3.0 More than 1.3 More than 3500 More than 41 Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study conducted by staff in October 2000 indicated that the subject location would receive 1.0 point for traffic volume, 1.0 point for traffic speed, and 1.0 point for accident history. Therefore, the total number of points is 3.0, which meets the 3.0-point minimum to qualify for speed hump installation. On October 5, 2000 staff conducted a neighborhood meeting to discuss potential traffic calming alternatives that might be effective in reducing speed and cut-through traffic within the neighborhood. After discussion between the neighborhood residents and staff, a consensus was reached to propose the installation of five speed humps in order to mitigate the identified problems. Three of the humps were proposed on 10th Avenue S and two on S 304th Street. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed speed hump locations. However, many of the property owners/occupants who received ballots have expressed concerns to staff that the proposed humps on l0th Avenue S would divert traffic to I Ith Avenue S. Therefore, to address these concerns, staffmet again with residents on November 30, 2000 and the consensus was to propose two additional humps on 11th Avenue S to avoid potential diversions from l0th Avenue S. Ballots were sent again to property owners/occupants within 600 feet of the additional proposed humps and the following table summarizes all the ballot results: Speed Hump I .2 ' '.r .. "?3 4 '.'.5 :.:.:4 '.:ii~".6 .. 7 · Ballots Sent 44 38 94 54 62 50 50 Ballots Returned 8 13 29 29 28 25 34 7 10 22 27 25 24 33 Yes Votes (88%) (77%) (76%) (93%) (89%) (96%) (97%) 1 3 7 2 3 1 1 No Votes (12%) (23%) (24%) (7%) (11%) (4%) (2%) One of the installation criteria requires a 50% majority of the returned ballots. Based on the above table, all locations met the balloting criteria. RECOMMENDATION Staff recommends placing the following items on May 1,2001 Council consent agenda: Approve the installation of seven speed humps on l0th Avenue S, 11th Avenue S, and S 304th Street, HE:jlf k:\lutc~2001 ~nautilus nts.doc CITY 0 F ~.... DATE: April 16, 2001 TO: FROM: VIA: SUBJECT: Dean McColgan, Chair Land Use and Transportation Committee Hazem El-Assar, Assistant Traffic Engineer ~ David H. Mose~it~anager Federal Way High School Neighborhood Traffic Safety (NTS) Project BACKGROUND Federal Way School District staffhas requested the installation of a raised crosswalk on S 308th Street at 14m Avenue S based on concerns of high traffic speeds and crashes. Currently adopted installation criteria for traffic calming devices are based on a point system as follows: 0.5 0.3 - 0.5 500 - 1100 26 - 29 1.0 0.5 - 0.7 1101 - 1700 29.1 - 32 1.5 0.7 - 0.9 1701 - 2300 32.1 - 35 2.0 0.9 - 1.1 2301 - 2900 35.1 - 38 2.5 1.1 - 1.3 2901 o 3500 38.1 -41 3.0 More than 1.3 More than 3500 More than 41 Installation criteria are met if the total number of severity points is equal to or greater than 3.0. A traffic study conducted by staff in October 2000 indicated that the subject location would receive 3.0 points for traffic volume, 2.0 points for traffic speed, and 3.0 points for accident history. Therefore, the total number of points is 8.0, which meets the 3.0-point minimum to qualify for raised crosswalk installation. In accordance with established NTS policies, staffsent ballots to property owners and occupants within 600 feet of the proposed raised crosswalk location. A total of 88 ballots were sent, of which 27 were returned, with 25 voting Yes (93%) and 2 voting No (7%). Since one of the installation criteria requires a 50% majority of the returned ballot, the proposed location met these criteria. RECOMMENDATION Staff recommends placing the following item on May 1, 2001 Council consent agenda: Approve the installation of a raised crosswalk on S 308th Street at 14th Avenue S. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member HE:jif k:\lutcL200 i \fwhs.doc CITY OF~ DATE: TO: FROM: VIA: SUBJECT: April 16, 2001 Dean McColgan, Chair Land Use and Transportation Committee Hazem EI-Assar, Assistant Traffic Engineer David H. Mos anager ¥ AG99-081; 1999 Citywide Pavement Marking & Channelization Project - AG00-139; 2000 Citywide Pavement Marking & Channelization Project - Final Project Acceptance BACKGROUND The referenced project has been completed and the contractor is now requesting release of the retainage associated with the project. Prior to release of retainage on a Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The final processing and closure of both contracts was delayed due to the correction of some minor work items to the City's satisfaction. The final construction cost for the 1999 Citywide Pavement Marking & Channelization project was $29,658.00, which is below the approved construction contract budget of $36,240.00. The retainage amount was $1,482.92, of which $541.12 will be deducted for non-acceptable work items and the balance is $941.81. The final construction cost for the 2000 Citywide Pavement Marking & Channelization project was $20,942.00, which is below the approved construction contract budget of $36,240.00. The retainage amount was $1,047.10, of which $306.00 will be deducted for non-acceptable work items and the balance is $741.10. RECOMMENDATIONS Staff recommends that the following be placed on the May 1,2001 Council Consent Agenda for approval: .i. Accept both the 1999 and 2000 Citywide Pavement Marking & Channelization project in the amounts of $29,658.00 and $20,942.00 respectively as complete. Authorize the release of contract retainage balances in the amounts of $941.81 for 1999 and $741.10 for 2000 to Strip Rite, Inc. HE:jif k:\lutck2001 kstrip¢ rite completion.doc APPROVAL O~ coMMITTEE ACTION: iii .]eanneBurbidge Eric Faison GITY OF ~ DATE: TO: FROM: VIA: SUBJECT: April 23,2001 Dean McColgan, Chair Land Use and Transportation Committee ~,~~ Marwan Salloum, Street Systems Manager ~fi~-~'- David H. ~nager Year 2001 Asphalt Overlay Project, Bid ~ward BACKGROUND Five (5) bids were received and opened on April 4, 2001 at 10:10 a.m. for the 2001 Asphalt Overlay Project. See attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Woodworth and Company, Inc., with a total bid of $1,369,845.11. AVAILABLE FUNDING The budget for the 2001 Asphalt Overlay Project is $2,124,169.00, and is comprised of the following: 2001 Budget Carry forward 2001 Structures Budget Total Funding $1,622,832.00 382,337.00 119,000.00 $2,124,169.00 ESTIMATED EXPENDITURES The following is a breakdown of the estimated total project construction costs: Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Schedule G Schedule H Subtotal Construction Cost South 304th Street South 336a Street South 373ra Street Century Palisades West Campus - Phase I West Campus - Phase II Scarborough/Mark Twain Military East $210,071.71 204,195.45 142,076.73 74,034.42 227,155.04 146,676.83 156,624.24 209,010.69 $1,369,845.00 10% Construction Contingency Pavement Management System In-House Design Construction Administration City's Administrative Fee* Printing and Advertising Total Estimated Program Cost *Administrative fee to General Fund as approved by Council in the 2001/2002 Budget $136,984.00 15,000.00 66,000.00 85,000.00 67,927.00 1,500.00 $1,742,256.00 RECOMMENDATION Staff recommends the following items be forwarded to the Council consent agenda: Award Schedules "A" though "H" of the 2001 Asphalt Overlay Project to Woodworth and Company, Inc., the lowest responsive, responsible bidder, in the amount of $1,369,845.11, and approve a ten percent contingency of $136,984.00, for a total of $1,506,829.11. 2. Authorize the City Manager to execute the contract. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member cc: Project File Day File k:~lutcX2001 ~00 ! overlaybid.doc GITYOF~ DATE: TO: FROM: VIA: SUBJECT: April 23, 2001 Dean McColgan, Chair ~ Land Use and Transportation Committee~x~ ~._~ Marwan Salloum, Street Systems Mana/l~"~~ David H~nager 23ra Avenue S R~ad Improvements Project (S 316th to S 324th Street) - Bid Award BACKGROUND Seven (7) bids were received and opened on April 12, 2001 at 10:10 a.m. for the 23r~ Avenue S Road Improvements Project (S 316th to S 324t~ Street). See attached Bid Tabulation Summary. The lowest responsive, responsible bidder is DPK, Inc., with a total bid of $5,142,838.69. Reference checks on DPK, Inc. by both Entranco. Inc and City staff indicate that the contractor has performed similar work. As a result, City staff believes DPK, Inc. can successfully complete this project to the City's satisfaction. Therefore the lowest responsive, responsible bidder is DPK, Inc. in the amount of $5,142,838.69. PROJECT COST ESTIMATES Construction Low Bid 10% Construction Contingency Design Construction Management Underground Conversion (PSE) Right of Way Acquisition Total Project Cost $5,142,838.69 514,283.87 700,000.00 600,000.00 512,919.00 1,000,000.00 $8,470,041.56 AVAILABLE FUNDING Grant funding Mitigation Fund City Center Beautification Improvements PSE and Qwest Underground Conversion Lakehaven Utility District (LUD) Tacoma Public Utility Sound Transit Budgeted City Match Total Available Budget $4,532,153.00a 844,498.00 497,744.00 337,400.00 98,072.00 94,849.00 569,000.00b 2, 248,698.00 $9,222,414.00 TIB $3,780,153, STPUL $752,000 Project Balance $752,372.44 a TIB grant fund was adjusted to reflect new project cost b Total contribution from Sound Transit for the 23rd Avenue South Project per approved ILA RECOMMENDATION Staff recommends placing the following items on the Mayl, 2001 Council consent agenda for approval: Award the project to DPK, Inc. the lowest responsive, responsible bidder in the amount of $5,142,838.69, and approve a 10% contingency of $514,283.87 for a total of $5,657,122.56. Award of Schedule B (Lakehaven's portion of the project) contingent upon Lakehaven Utility District Board approval to award Schedule B as bid. Award of Schedule C (Tacoma Water's Portion of the project) contingent upon Tacoma Public Utilities Board approval to award Schedule C as bid. 2. Authorize the City Manager to execute the contract. 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