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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.:
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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.
APPROVAL OF COMMITTEE REPORT:
Committee Chair
Committee Member
Committee Member
AE:jIf
cc: ProJect File
Day File
k:\lutc~001~3rd ave.bid award.doc
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