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LUTC PKT 12-05-2011City of Federal Way City Council Land Use/Transportation Committee December 5, 2011 6:00 p.m. City Hall Council Chambers MEETING AGENDA (Website) 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description A. � Approval of Minutes: November 7, 2011 Proposed Amendments Related to High Profile Signs and Wall Mounted Banners C. West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements — Project Acceptance and Retainage Release 4. OTHER Action Council Presenter Page or Info Date Time LeMaster 2 Action N/A 5 min. Harris 5 Action Ordinance 10 min. Jan. 3, 2012 1� Reading Appleton 25 Action Consent 5 min. Jan. 3, 2012 5. FUTURE MEETINGS/AGENDA ITEMS: It is anticipated, with the possibility of the Dec. 20, 2011 City Council meeting being cancelled, that the Dec. 19, 2011 LUTC may be cancelled as well, provided there are no time sensitive agenda items. Both regular meeting dates in January 2012 fall on City observed holidays; therefore, a LUTC meeting is likely to be scheduled for Jan. 9, 2012 at 6:00 PM in City Hall Council Chambers. Agenda items from the Jan. 9, 2012 LUTC meeting will go to the Jan. 17, 2012 City Council meeting. 6. ADJOURN Commit�e Members �� ff Linda Kochmar, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Maaagement 1im Ferre/l, Member Darlene LeMaster, AdministradHe ASSistant II lack Dovey, Member 253-835-2701 G.•I«/1L'ILUTCAgendasandSummaries2011�12-5-2011 LUTCAgenda.doc City of Federal Way City Council Land Use and Transportation Committee November 7, 2011 City Hall 6:00 PM City Council Chambers MEETING SUMMARY Committee members in Attendance: Committee Chair Linda Kochmar, Committee member Jim Ferrell and Committee member Jack Dovey; Council members in attendance: Councilmember Jeanne Burbidge Staff in Attendance: Director of Pazks, Pubiic Works and Emergency Management Cary Roe, Public Works Director Marwan Salloum, City Traffic Engineer Rick Perez, Senior Transportation Planning Engineer Sarady Long, Street Systems Project Engineer John Mulkey, Planning Manager Isaac Conlen, Contract Planner Jnn Harris, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:01 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic TitlefDescription to Council A. Approval of the October 3, 2011 LUTC Minutes N/A Committee approved the October 3, 2,011 L�JZ'C minutes as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimousiy, 3-0 B. Village Green — Tract X Relinquishment Deputy Public Works Director Ken Miller presented information on this item. There was no public comment. Committee member povey asked for clarification on the ownership of the subject property. Deputy Director Miller explained that Tract X is owned by Powell but is also encumbered by the City, through the Tract X agreement. A tract is similaz to an easement in the way that the property is owned privately, but the City's interest in a portion of the property extends for another purpose (ie. right of way). Committee Member povey asked why, after so many reviews, Tract X had not been caught and the City's interest in it relinquished. Deputy Director Miller stated that it is not known what happened during prior reviews; but, it was caught on the current review. Cammittee forwarded Option #1 as presented. Moved: Dovey. Seconded: Ferrelf Passed: Unanimously; 3-0 Nov. 15, 2011 Consent 2 Land Use/Transportation Committee Page 2 November 7, 2011 C. Transportation Impact Fee Code Amendment to Temporarily Suspend Impact Fees for Nov. 15, 2011 Changes in Use Ordinance 1 Reading City Traffic Engineer Rick Perez presented information on this item. Mr. Perez noted one revision to the draft ordinance - the first page of the ordinance, the second to the last line was modified to read, "...for which complete building applications are filed with the City between the effective date of this ordinance and December 31, 2014." There was no public comment. Committee Member povey asked if there had been any recent projects or developers that could have benefitted had the City already had this ordinance in place. Staff replied that there are no projects pending, nor has there been any in the recent past that could have benefitted. Could the Safeway gas station on S 320`� have qualified? Mr. Perez answered no, as it was new construction and the gas station would not have met the criteria. Committee Chair Kochmar asked if staff expects people to really benefit from the change. Mr. Perez responded that staff hopes that this change may bring an incentive for people to want to develop in Federal Way's vacant commercial areas. Director Roe also expanded on Mr. Perez's statement by adding that staff has planned an outreach program to advertise and promote this change to impact fees and plans to issue a press release on this topic. Committee forwarded Opti�n #1 as presented. Moved: Dovey. Seconded: Ferretl Passed: Unanimousty; 3-0 D. S 344` Way at Weyerhaeuser Way Roundabout — 30% Design Status Report Nov. 15, 2011 Consent Street Systems Project Engineer John Mulkey presented information on this item. There was no public comment. Mr. Mulkey provided an overhead map and explained the logisrics of the projects as it relates to World Vision, Devry, and potenrial future development west of Weyerhaeuser Way. There is not currently a west leg of this intersection of S 344`� Way and Weyerhaeuser Way. Committee member Ferrell asked if this location is currently failing from a level of service perspective. Mr. Perez staxed that this location is not currently failing, but it was forecasted that the westbound left turn would fail within the next six years. Because of this, this project was added to the Six-Year Transportation Improvement Plan (TiP) a few years ago. This location currently does not meet the warrants for a full signalized intersection; but, a roundabout is a good alternative that doesn't require signalizarion yet addresses forecasted level of service. Committee member Ferrell asked if there had been any significant development and the Likelihood of new development west of Weyerhaeuser Way. Mr. Perez gave some history on World Vision's plan to expand and also referenced the semi-recent proposed residenrial development at the former Christie's golf course site; both are indicators of future development. Committee member povey asked how certain staff was that World Vision would be �panding. Committee member povey's concern was if the City builds ahead (roundabout project) and then World Vision expands, World rVision would not be contributing to the construcrion costs via mitigation fees. Mr. Perez stated that when World Vision expands, they will be adding square footage will still pay impact fees towards this or other projects throughout the city. Committee member povey asked if staff were to forecast out six years, and only looked at City development, would this project be the best way to spend City dollazs, especially since the project area is in the outer edge of City limits and the only new growth may be in unincorporated King County. Mr. Perez explained that this project location could still face failure status due to high commuter levels along Weyerhaeuser Way, regazdless of gowth outside of city limits. G:ILUTC�I.U'IC Agendas and Summaries 2011\I I-7-1 I Minutes.doc Land Use/Transportation Committee Page 3 November 7, 2011 E. 4. OTHER None Chair Kochmar noted the $718,000 budget shortfall for project costs and asked where the funds for this project will come from. Chair Kochmar also asked if a traffic signal at this location would cost less. Mr. Perez stated that this location currently meets the criteria for simple signalization and would be less expensive; however, a signalized intersection now may not support future development, safety and forecasted traffic volumes. An intersection/signal may have to be rebuilt later, costing more money. A roundabout is a better application for this location. Deputy Director Salloum came to the podium and commented on the bud�et shortfall and emphasized the project design is only being presented at this time. Staff hopes to refine construction costs. If Council feels this project to be a high priority, Council has the ability to move funds from one project to another. Otherwise, this project will be fully designed and construcrion ready for the future. Committee forwarded Option #1 as presented. Moved: Dovey. Seconded: Ferrell Passed: Unanimously; 3-0 Federal Way Revised Code (FWRC) — Proposed Amendments to SEPA Ezemptions in Critical Areas Contract Planner Jim Harris presented information on this item. There was no public comment. Mr. Harris also noted that the Planning Commission had held a Public Hearing on this topic and it was the recommendation of the Planning Commission to move forward on this topia Committee forwarded Option #1 as presented. Moved: Ferrell. Seconded: Dovey Passed: Unanimously; 3-0 5. FUTURE MEETING The next LUTC meeting will be Monday, Nov. 21, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:35 PM. Attest: COMMITTEE APPROVAL: Linda Kochmar, Chair Nov. 15, 2011 Ordinance 1�` Reading Darlene LeMaster, Administrative Assistant II Jim Fenell, Member Jack Dovey, Member G:\L[JTC\LUTC Agendas and Summaries 201 IU I-7-11 Minutes.dce COUNCIL MEETING DATE: January 3, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT Sign code amendments pertaining to high profile signs and banner signs. POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) to allow additional high profile signs and allow banners as a type of building mounted signage? COMMITTEE Land Use/Transportation Committee CATEGORY: ❑ Consent � ❑ City Council Business ❑ STAFF REPORT BY: Contract Planner Jim Harris Ordinance Resolution MEETING DATE: December 5, 2011 ❑ Public Hearing ❑ Other DEr'1': Community & Economic Development Summary: The proposed amendment to the Federal Way Revised Code (FWRC) Chapter 19.140, "Signs," would amend three sections of the sign regulations which pertain to nonresidential zoning districts. The first proposed amendment would allow an additional (third) high profile pole or pylon sign for qualifying properties in the City Center-Core (CC-C), City Center-Frame (CGF), Community Business (BC), and Commercial Enterprise (CE) zoning districts. The second proposed amendment would allow the use of firmly affixed wall-mounted banners as an approved sign type in non-residential zoning districts. The third proposed amendment is to modify the defmition of banner. T'he Planning Commission held a public hearing on the proposed amendments on November 2, 2011, and recommended the City Council approve the zoning code amendments. Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibit A; 3) Draft minutes of the November 2, 2011, Planning Commission Public Hearing. Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning Commission's recommendation. PLANNING COMMISSION'S RECOMMENDATION The Planning Commission recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. ^ - _ r, , MAYOR APPROVAL: Committee Council DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION move to forward the proposed ordinance to First Reading on January 3, 2012. Council Linda Kochmar, Committee Chair Jack Dovey, Committee Me mber Jim Ferrell, Committ Member PROPOSED COUNCIL MOTION(S): l READING OF ORDIPIANCE (January 3 , 2012): 1 move to forward approval of the ordinance to the January 3, 2012, Council Meeting for adoption. 2 READING OF ORDINANCE (January 17, 2012): " m approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY C/TY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading � MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # K:�20I 1 Code Amendmenu�Sign Code, High Profile a�d Banner Siyms\COUNCIL Agenda Bill.doc rj ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Signs; amending FWRC sections 19.140.140, 19.140.150, 19.140.130 and 19.05.190(s). (Amending Ordinance Nos. 08-583, 07-554, 07-550, 06-523, OS-486, 99-357, 99-348, 95-235, 07-559, OS-504, 96-270, 09-610, 09-605, 09-593, and 08-585) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amended development regulations for signs within the City of Federal Way; and WHEREAS, the first proposed amendment would allow an additional (third) high profile pole or pylon sign for qualifying properties in the City Center-Core (CC-C), City Center-Frame (CC-F), Community Business (BC), and Commercial Enterprise (CE) zoning districts; and WHEREAS, the second proposed amendment would a11ow the use of firmly affixed wa11- mounted ba.nners as an approved sign type in non-residential zoning districts; and WHEREAS, the third proposed amendment is to modify the definition of banner; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October 15, 201 l, and no comments or appeals were received and the DNS was finalized on November 14, 2011; and Ordinance No. 1 I - Page 1 of 8 Rev 1/10 LU 6 WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2011, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on November 21, 2011, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE� CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by allowing businesses to have signs that will help attract customers to businesses, sales, and other events, thus supporting economic development. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. Ordinance No. 11- Page Z of 8 Rev i/10 LU 7 (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and ' based upon the recitals and the findings set forth in Section l, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: EDG-6 The City will encourage and support existing businesses to remain and/or expand thear facilities withan Federal Way. EDPIO The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDPI S The City will continue to implement a streamlined permitting process consistent with state and federad regulations to reduce the upfront costs of locating businesses in the City. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because when correctly located and installed, high profile signs and wall mounted banner signs will not interfere with vehicular or pedestrian travel and will not create visual clutter, yet will allow signage that will assist businesses in attracting customers. Limiting the number, size, and type of signage will continue to promote a positive visual image of the city. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because high profile signs and wall mounted banner signs help to attract customers to businesses, sales, and other events, thus supporting economic development. Ordina»ce No. 11- Page 3 of 8 Rev 1/10 LU Section 3. FWRC 19.05.190 is hereby amended to read as follows: (5) "Banner" means a sign made of €ak�-e� any non-rigid material with no enclosing framework. Section 4. FWRC 19.140.130 is hereby amended to read as follows: . _ � 19.140.130 Prohibited signs. � The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWRC � 19.14�:190: _ _ , . . (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to FWRC 19.140.120 Table 1, FWRC 19.140.060(6), and FWRC 19.140.150(n). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Inflatable advertising devices, except as expressly allowed in FWRC 19.140.070. (8) Mylar balloons. (9) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (10) Off-site signs except those expressly allowed in this title. (11) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table 1 of this chapter. (12) Portable signs except as expressly allowed in FWRC 19.140.060. (13) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (14) Signs in a public right-of-way except governmental signs, and except portable signs that follow the requirements of FWRC 19.140.060(29). (15) Roof signs. (16) Simulations of tra�c signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or chazacters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. (17} Snipe signs. Ordinance No. 11- Page 4 of 8 Rev 1/10 LU 9 (18) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business. Section 5. FWRC 19.140.140 is hereby amended to read as follows: 19.140.140 Signs in nonresidential zoning districts — Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and numbe�r of signs allowed. In addition to the categories available in subsections (1) and (2) of this section, a subject property may be permitted an additional freestanding sign if it meets the criteria contained in subsection (4) of this section. � Separate parcels or pads for single-tenant buildings that comply with all zoning . requirements for single-tenant parcels, excluding ac�ess and are not otherwise tied�to an �� adjacent multi-tenant center by virtue of architectural style or theme are permitted one freestanding monument or pedestal sign not to exceed a maximum sign area of 80 square feet � for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sfgn. (a) Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign or si�: (i) A minimum of 250 feet of frontage on one public right-of-way; (ii) A zoning designation of city center core (CGC), city center frame (CC-F), community business (BC), or commercial enterprise (CE); (iii) A multi-use complex; and (iv) A minimum site of 15 acres in size. (b) Sign types. The following sign types are allowed for a high profile sign: (i) Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; (ii) Pedestal signs; (iii) Monument signs; (iv) Tenant directory signs; and (v) Kiosks. Sigri content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A high profile sign shall not exceed the following maximum heights: (i) Pylon or pole sign: 25 feet; (ii} Pedestal or monument signs: 12 feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet; (iii) Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. Ordinance No. 11- Page S of 8 Rev I/10 LU 10 (d) Sign area. A high profile sign shall not exceed the following maximum sign areas: (i) Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face exceeding 200 square feet; (ii) Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face exceeding 64 square feet; (iii} Tenant directory or kiosk signs: 15 square feet per sign face. (e) Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: (i) Pylon or pole signs: Each qualifvin si� te is permitted at least 9one lUy on or o�le sign. , � � �„�" �;�~� ^°Y °„";°�+ �r^r°� A second � loy n or pole si�n is permitted for a qualifvin� site if the subject propertYhas an additiona1500 feet of street fronta�e, for a total of at least 750 feet of ag�regate frontage on an�public ri�hts-of-wav. All p lo�n or pole si�ns must be separa��d a minimum distance of 2501inear feet measured alon t� he ri�hts-of-wav. A third p,vlon or pole si��ermitted for a qualifying�site if the subject property has a total of at least 2,000 feet of a�gre�ate frontage on two or more public rights-of-way. However, no more than two �ylon or pole si�ns are allowed to front on, or be oriented toward a sin�le street ri t-of-wav fronta�e. All �, lo� n or pole si�ns must be separated a minimum distance of 250 linear feet, measured along rights-of-wa� (ii) Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (1)(e)(i) of this section. In addition, two monument signs which identify the name of any multi-use complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and (iii) Tenant directory or kiosk signs: One sign per frontage on a public right-of- way. Section 6. FWRC 19.240.150 is hereby amended to read as follows: 19.140.150 Signs in nonresidential zoning districts — Building-mounted signs. (1) Sign types. The following sign types may be building-mounted signs and are allowed in all nonresidential zoning districts: (a) Awning or canopy signs; (b) Center identification signs; . (c) Changeable copy signs; (d) Civic event signs; (e) Directional signs, on-site; (� Electronic changeable message signs; (g) Instructional signs; (h) Marquee signs; (i) Projecting signs; Ordinance No. 11- Page 6 of 8 Rev 1/10 LU 11 (j) Tenant directory signs; (k) Time and temperature signs; (1) Under-canopy signs; and (m) Wall-mounted signs. Ln) Wall-mounted banners. Notwithstandingthe provisions of FWRC 19.140.130, wall mounted banners firmlv affixed to a buildin�fa�ade maintained in og od repair, and otherwise meetin� the hei�ht area and number re�ulations of this section. Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sign area. The totai sign area of building-mounted signs for each business or tenant; • excluding under-canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall- mounted signs. No one sign may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 squaxe feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs: Section ?. Severabilitv. 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 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 11= Page 7 of 8 Rev 1/10 LU 12 Section 10. 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 this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinarace No. 11- Page 8 of 8 Rev 1/10 LU 13 ,�� ;�,: �_ � �17Y' i�� • � STAFF REPORT TO THE PLANNING COMMISSION Amendments to Fec�eral Way Revise�l Code (FWRCj Chapter 19.140, "Signs" File No. 11-103951-00-UP Public Hearing of November 2, 2011 I. $ACKGROUND r1ND PROPOSED AMENDMENTS The proposed amendments to the Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code," would amend three sections of the sign regulations which pertain to nonresidential zoning districts. The first proposed amendment would a1low an additional (tliird) high profile pole or pylon sign for qualifying properties in the City Center-Core (CC-C), City Center-Frame (CC-F), Community Business (BC), and Commercial Enterprise (CE) zoning districts. The second proposed amendment would allow the use of firmly affixed wall-mounted banners as an approved sign type in nonresidential zoning districts. The third proposed amendment is to modify the definition of banner. The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (attached as Exhibit A), and forward a recommenclation to the City Council's Land Use/Transportation Committee (LUTC) and City Council. These proposed code revisions were not specifica(ly identified in the 2011 Planning Commission Work Program, but fall within the business friendly code amendments category as adopted by the City Council. These amendments were initiated by the Mayor in response to requests from members of the business community. II . ANALYSIS OF PROPOSED CODE AMENDMENTS A. Proposed Code Amendments 1. Recommended modi�cation to high profile signs (FWRC 19.140.140[1](e][i]). This proposed amendment would allow large multi-use commercial complexes in the CC- C, CC=F, BC, and CE zoning districts to have a third high profile pole or pylon sign, if the subject property meets the minimum street frontage standard. Currently, a maximum of two -- high profile pole or pylon signs are permitted for a qualifying site. If approved as recommended, the code would allow a third high profile pole or pylon sign for qualifying multi-use commercial properties if they have a minimum of 2,000 aggregate feet of frontage on any public rights-of-way. If approved as recommended, a maximum of two high profile signs would be allowed to front on, or be oriented toward a single right-of-way, and the high profile pole or pylon signs would have to be separated by a minimum of 250 feet of distance along a right-of-way. 14 2. Recommended modifications to signs in nonresidential zoning districts—building mounted signs (FWRC 19.140.150[1) and 19.140.130�3]). This pro.posed amendment would allow wall-mounted banners to be used as an approved sign type in all nonresidential zoning districts. Currently, the FWRC allows several different types of building mounted signs, such as but not limited to: awning or canopy signs; marquee signs; projecting signs; directory signs; under canopy signs: and wall- mounted signs. The FWRC does not speciftcally contemplate the use of banners as an approved type of wa11-mounted sign. This code amendment if approved, would allow the use of a wall-mounted (non-rigid) banner, which is firmly affixed to a building fa�ade. If approved as recommended, the wall- mounted banner signs would be required to meet t�e height, area, and number regulations of the building mounted sign code section. A code reference in FWRC 19.140.13Q(3), as identified in Exhibit A, would also need to b� . . approved=to allow #he wall-mounted banner sign. 3. Recommended modifications to FWRC 19.05.190(s). This proposed amendrnent would modify the definition of banner sign by removing the word fabric from the current definition. The revised definition, if approved, would define a banner as a sign made of non-rigid material with no enclosing framework. B. Rationale for Proposed Code Amendments The proposed high profile sign code amendments would potentially allow five to seven of the largest retail sites with the most frontage on rights-of-way in the city to have a third high profile pole or pylon sign. These additiona.l high profile pole or pylon signs would allow these large sites to increase their visibility and identity. Given their large size, high number of tenants, and large amount of frontage, it is appropriate to allow additional signage for these sites. The proposed wali-mounted banners would be a potentially less costly alternative than a similar type wall or cabinet sign for any size business in any non-residential zoning district, and will assist businesses in attracting custorners. III PROCEDURAL SUMMARY Public notice of the November 2, 201 l, Planning Commission public hearing was published and posted on October 19, 201 ], in accordance with the city's procedural requirements. IV. DECISIONAL CRITERIA FWRC Chapter 19.80.130 provides eriteria for zoning text amendnnents. The following sectio� analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: FWRC Sign Code Amendments November 2, 201 I, Planning Commission Public Hearing File 11-103951-00-UP Page 2 of 4 15 1. The �roposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: EDG-6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDPIO The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the cammunity:' EDPI S The Crty will continue to implement a streamlined permitting process consistent � with state and federal regulations to reduce the upfront costs of locating businesses in the City. 2. The proposed amendments bea.r a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because, when correctly located and installed, high profile signs and wall mounted banner signs will not interfere with vehicular or pedestrian travel and will not create visual clutter, yet will allow signage that will assist businesses in attracting customers. Limiting the number, size, and type of signage will continue to promote a positive visual image of the city. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because the high profile signs and wall mounted banner signs help to attract customers to businesses, sales, and other events, thus supporting economic development. V. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use/Transportation Committee {LUTC) and City Council. 1. Modification to FWRC 19.140.140(1)(e)(i), as identified in Exhibit A. 2. Modifications to FWRC 19.140.150(3), and modification of code reference in FWRC 19.140.130(3), as identified in Exhibit A. 3. Modifications to FWRC 19.OS.190(s), as identified in Exhibit A. FWRC Sign Code Amendments November 2, 2Q11, Planning CoFnmission Public Hearing File 11-10395i-00-UP Page 3 of 4 16 VI. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take the foilowing actions regarding the proposed development code text amendments: ]. Recommend to the City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. EXHIBITS Exhibit A— Proposed Draft Code Amendments: • FWRC Title l9, "Zoning and Development Code," 19.05.190(s), 19.140.130(3), 19.140.140, and 19.140.150 Exhibit B— Letter of support from Steadfast Companies, October 19, 2011 FWRC Sign Code Amendments November 2, 2011, Planning Commission Pubiic Hearing File 11-] 03951-00-UP Page 4 of 4 17 Exhibit A Proposed Draft Code Amendments FWRC Title 19, "Zoning and Development Code" 19.45.194(s), 19.140.130(3),19.140.140, and 19.140.150 19.05.290 S definitions. (5) "Banner" means a sign made of�a�ie-e� any non-rigid material with no enclosing framework. � , ? ,,. , . ,..;. . , ,' �9 Prohibited signs. � The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city atthe owner's or user's expense pursuant to FWRC 19.140.190: (1) Abandoned or obsolete signs. (2} Animated or moving signs. (3) Banners, except as expressly allowed pursuant to FWRC 19.140.120 Table 1, FWRC 19.140.060(6), and FWRC 19.140.150(n). (4} Billboards. (5) Dilapidated, nonrnaintained signs. (6) Flashing signs, except electronic changeabte message signs or changeable copy signs. (7) lnflatable advertising devices, except as expressly allowed in FWRC 19.140.070. (8) Myiar balloons. (9) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (10) Off-site signs except those expressiy allowed in this title. (11) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or simitar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table 1 of this chapter. (12) Portable signs except as expressly atlowed in FWRC 19.140.060. (13) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce tl�e features or amenities of the subject property (i.e., features such as indoor pool, hot tub, firepiaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (i4) Signs in a public right-of-way except governmental signs, and except portable signs that foltow the requirements of FWRC 19.140.Q60(29). (15) Roof signs. (16) Simulatfons of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffia (17) Snipe signs. (18) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business. Exhibit A, Proposed Draft Code Amendments Novemher 2, 2011, Planning Commission Public Hearing File 11-103951-00-UP Page I of 4 18 (Ord. No. 08-583, § 3(Exh. A), t4-21-08; Ord. No. 07-554, � 5(Exh. A(14)), S-IS-07; Ord. No. 07-550, § 3[4], 3- 20-07; Ord. No. 06-523, § 3(Exh. A), 4-18-06; Ord. No. OS-486, § 3, 4-19-05; Ord. No. 99-357, § 5, 12-7-99; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 95-235, § 4, 6-6-95. Code 2001 § 22-1600.) 19.140.140 Signs in nonresidential zoning districts — Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both fhe size and zoning designation of the development. The sign proftle designation shal] control the sign types, sign height, sign area and number of signs allowed. In addition to the categories available in subsections (1) and (2) of this section, a subject property may be permitted an additional freestanding sign if it meets the criteria contained in subsection (4) of this section. . „ Separate parcels;,or pads.�or single-tenant buildings that comply with all zoning reguirements:for� �� singl�-tenant parcels, excluding access, and are not otherwise tied tcs an adjacent multi-tenant cer�ter by virtue of architectural style or theme are permitted one freestanding monument or pedestal sign not to exceed a maximwn sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sign. (a) Criteria. A subject property meeting all of the foltowing criteria is permitted a high profile freestancling sign or signs: (i) A minimum of 250 feet of frontage on one public right-of-way; (ii) A zoning designation of city center core (CC-C), city center frame (CC-F), community business (BC), or commercial enterprise (CE); (iii) A multi-use complex; and (iv) A minimum site of I S acres in size. (b) Sign types. The following sign types are allowed for a high profile sign: (i) Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; (ii) Pedestal signs; (iii)1Vlonument signs, (iv) Tenant directory signs; and (v) Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. (c) Sign height. A high profile sign shall not exceed the following maximum heights: (i) Pylon or pole sign: 25 feet; (ii) Pedestal or monument signs: 12 feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs sha11 not exceed five feet; (iii) Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. (d) Sign area. A high profile sign shall not exceed the following maximum sign areas: (i) Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face exceeding200 square feet; (ii) Pedestal or monument signs: 128 syuare feet for the total of alt sign faces with no one face exceeding 64 syuare feet; (iii) Tenant directory or kiosk signs: 15 square feet per sign face. Exhibit A, Proposed Dratt Code Amendments Novemt>er 2, 2011, Planning Commission Public Hearing File 11-103951-00-UP Page 2 of 4 19 (e) Nzrmber of signs. A subject property qual ifying for a high profile sign may have the following maximum number of signs: (i} Pylon or pote signs: Each qualifyin sig te is�ermitted at least 9one �ylon or pole sign. , • � . A second �,vlon or �ole si�n is_permitted for a�CUalifyin� site if the subjec�ro�ertv has an additional S00 feet of street frontage for a total of at least 750 feet of agg fronta�e on anv vublic rights-of-wav. All pvlon or pole sigi�s tnust be separated a minimum distance of 2501inear feet measured alon� the ri�hts-of-wav. A third �,vlon or pole sign is �ermitted for a qualifyin� site if the sub�ct property has a total of at least 2,000 feet of a��regate fronta�e on two or more public ri�hts-of-waX However no more than two nvlon or pole siQns are allowed to front on or be oriented toward a single street ri�ht-of-way fronta�e. All nvlon or pole si�ns must be separated a minimum distance of 250 linear feet measured alon� ri�hts-of-wav. (ii) Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (1)(e)(i) of this section:�In addition, two monument signs which identify the name of any multi=use complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and (iii) Tenant directory or ki�sk signs: One sign per frontage on a public right-of-way. 19.140.150 Signs in nonresidential zoning districts — Building-mounted signs. � (1 } Sign types. The following sign types may be building-mounted signs and are aliowed in a11 nonresidential zoning districts: (a) Awning or canopy signs; (b) Center identification signs; (c) Changeable copy signs; (d) Civic event signs; (e) Directional signs, on-site; ( fl Electronic changeable message signs; (g) Instructional signs; (h) .Marquee signs; (i) Projecting signs; (j) Tenant directory signs; (k) Time and temperature signs; (1) Under-canopy signs; and (m) Wall-mounted signs. Sn) Wall mounted banners Notwithstanding the provisions of FWRC l9 140 130 wall mounted banners firmlv affixed to a buildin�fa�ade maintained in �aod revair and otherwise meetinQ the hei�ht, �area and number re�ulations of thi� section. Any huilding-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign f�eight. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding under-canopy signs, sha.11 not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant - is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall-mounted signs. No one sign may exceed seven percent of , the exposed building face to which it is attached, to a maximum of 244 square feet per sign. This sign is in addition to any other tenant signs on that building face. Exhibit A, Proposed Draft Code Amendments November 2; 20i 1, Planning Commission Public Hearing File 11-103951-00-UP Page 3 of 4 20 (4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs: Exhibit A, Proposed Draft Code Amendments November 2, 201 I, Planning Commission Public Hearing File l i-103951-00-UP Page 4 of 4 21 �� . ��"`'�".� sT��Fas� camp�eies COMMUNITY DEVELOPMENT DEPAR7MENT �� .� � �01� � '� �x � � � 18100 Von Karman, Suite 500 Irvine, CA 92612 T 949.852-0700 F 949.852-070] W www.steadfastcompanies.com Wednesday, October 19, 2011 Deb Barker Senior Planner, Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 RE: SIGN CODE AMENDMENT LETTER OF SUPPORT Dear Deb, On behalf of Steadfast Commercial Properties and The Commons at Federal Way, we are extremely supportive of the proposed sign code amendment. In order to attract national, high pro�le tenants, its imperative that these tenants have good brand exposure comparable to other markets. Through our redevelopment efForts, time and time again, some of the first questions tenants ask are "how much" and "where is" our signage. By adopting this sign code amendment, the City of Federai Way encourages more business into the city. We have found that over time, some jurisdictions have antiquated or outdated sign codes that limit the properties abilifiy to succeed and compete with other jurisdictions. In today's economy, it's vital to the success of our properties that every city looks at ways ta encourage redevelopmenfi and economic development. We applaud the City of Federal Ways pro-active approach to generating business in the area. If there is anything else we can do to support this sign code amendment, please !et me know. Thank you for your time and consideration. Please contact me with any questions. Jam s Palda - � Vic President eadfast Commercial Properties 22 CITY OF FEDERAL WAY PLANNING COMMISSION November 2, 2011 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Tim O'Neil, Lawson Bronson, and Sarady Long. Commissioners absent: Tom Medhurst and Wayne Carlson (both excused). Staff present: Planning Manager Isaac Conlen, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at ?:00 p.m. APPROVAL OF MINUTES The minutes of October 19, 201 l, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen announced that the Shoreline Master Program has received final approval from the City Council. It now goes to the state for final approval. COMMISSION BUSINESS PUBLIC HEARING — High Profile & Wall Mounted Banner Signs in Non-Residential Zoning Districts Contract Planner Harris delivered the staff report. The proposed amendments are to three sections of the sign regulations pertaining to non-residential zoning districts: (1) allow a third high profile pylon or pole sign for the largest commercial sites; (2) modify the definition of banner; and (3) allow a wail mounted banner as an approved sign type for all businesses in non-residential zones. The rational for the proposed amendments are: they are business friendly code amendments; the high profile sign code amendment would allow five to seven of the largest retail centers (those with most frontage) and a large number of tenants to have a third pylon or pole sign for center and tenant identification; and they allow a wall mounted banner, which would be a potentially less costly alternative for any size business in any non-residential zoning district. The meeting was opened for public comment. Cynthia Stanley Lee, The Commons General Manager — She commented that in order to attract national retailers, The Commons needs to show that it has good sign exposure. She supports the proposed amendments because they will help. K:1Planning Commission�201 IlMeeting Summary I1-02-I l.doc 23 Plannin� Commission Minutes Page 2 November 2, 2011 Public comment was closed. Commissioner Elder asked what, or who, brought forth the proposed amendments. Planning Manager Conlen explained that The Commons brought forth the issue on the high profile signs due to their new tenants and the need for additional signage. The banner sign issue was brought forth by a small business that needs a more cost effective sign. One reason Commissioner Elder asked the question is because she has reyuested a code amendment to allow banners over streets, but has not heard anything about it. Planning Manager Conlen replied that staff is aware of the request, but the City Council has not made it a priority on the Planning Commission's Work Program. Discussion was held regarding the required frontage footage. Under the current code, an eligible site may have one high profile pylon or pole sign if it has a minimum of 250 feet of frontage on one right-of-way. If the site has a minimum of 750 feet of frontage on one right-of-way, they may have two high profile pylon or pole signs. There,must be 250 feet of separation between the signs. The proposed amendments . would allow the site to have a third high profile pylon or pole sign with 2000 feet of frontage on all rights-of way. Only two signs may be placed an a single right-of-way, the third must be placed on a second right-of-way. For example, The Commons could have two high profile pylon or pole signs along 320 Street and one along Pacific Highway South. In addition, there must be 250 feet of separation � between the three signs. Commissiorier O'Neil asked if three signs will be adequate for The Commons needs. Ms. Stanley-Lee replied that three signs will meet their needs. Chair Pfeifer commented that a picture of a banner sign would help him make a decision. He asked how the banner signs will be affixed to the building. Will they be required to have a frame? Planning Manager Conlen replied that the proposed amendments say the banner sign must be firmly affixed to the building; the wind should not be able to move it. He envisions this will be done with rivets. They will not be required to have a frame. Chair Pfeifer is concerned that if banner signs are not required to be in a frame, they will soon be in poor condition and unsightly. Planning Manager Conlen stated that the proposed amendment states the sign must be maintained in good repair. Commissioner Long stated that he was also concerned about banner signs being maintained, but after conversations with staff, he concluded that his concerns are addressed and this amendment would give small businesses an affordable choice for signage. Commissioner Elder moved (and it was secondec� to recommend approval of the proposed code amendments as proposed. The motion carried. The public hearing was closed. ADDITIONAL BUSINESS The next meeting will be December 7 and will be a continuation of the temporary uses proposed code amendments public hearing. ADJOURN The meeting was adjourned at 7:40 p.m. K:�Planning Commission�201 IUvteeting Summary I 1-02-1 l.doc 24 COUNCIL MEETING DATE: January 3, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project- Project Acceptance POLICY QUESTION Should the Council accept the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project constructed by Lloyds, Inc., as complete? COMMTTTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: William Appleton P.E., Surface Water Mana MEETING DATE:, December 5, 2011 ❑ Public Hearing Other DEP'r: Public Works Attachments: Land Use and Transportation Committee memorandum dated December 5, 2011. Options Considered: l. Authorize final acceptance of the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project constructed by Lloyds, Inc., in the amount of $125,396.30, as complete. 2. Do not authorize final acceptance of the completed West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project constructed by Lloyds, Inc., as complete and provide direction to staff. MAYOR'S RECOMMENDATION Staff recommends forwarding Option 1 to the January 3, 2012 City Council Consent Agenda for approvaL MAYOR APPROVAL: DIRECTOR APPROVAL: __f�!!�� om ' ee Council Committee Council COMMITTEE RECOMMENDATION The Committee recommends forwarding Option 1 to the January 3 2012 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move to accept the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project constructed by Lloyds, Inc., in the amount of $125,396.30 as compdete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFiCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsr reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 25 CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2011 TO: Land Use and Transportation Committee � VIA: Cary M. Roe, P.E., Director of Park, Public Works and Emergency Management FROM: William Appleton, P.E., Surface Water Manager � SUBJ ECT• West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements — ' Project Acceptance and Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construction 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 above-referenced contract with Lloyds, Inc. is complete. The final construction contract amount is $125,396.30. This is within the budgeted amount of $199,203.39 (contract plus contingency) approved by the City Council on July 20`�, 2010. K:�LUTC�2011\12-5-11 Culvert Replacement Pmject final Acceptance.doc 26