The URL can be used to link to this page

LUTC PKT 01-12-2004 1. 2. 3. 4. 5. 6. (!J!eJJ I City of Federal Way . City Council Land Use/Transportation Committee Committee Members Eric Faison Chair Dean McColgan Michael Park MEETING AGENDA CALL TO ORDER Approval of Minutes of the December 15, 2003, meeting PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. Oversize Commercial Vehicles Code Amendment B. 14th Avenue South at S 312th Street Traffic Signal Project Award of Bid City Hall Council Chambers Action Nordby/1S min Action Miller/S min Action Miller/S min Action Michaelson/15 min Action Bucich/10 miin Action Bucich/10 min Action Bucich/10 min Action Bucich/10 min c. Right of Way Use Agreement for Improvements by Sound Transit to South 316th Street D. Agreement between Central Puget Sound Regional Transit Authority and City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center E. Award of Bid for S1st Avenue SW Storm Drain Improvements F. Lakota Wetlands Regional Stormwater Facility 85% Design Approval G. East Branch Lakota Creek Restoration Project, 30% Design Approval H. Memorandum of Agreement for Marine Shoreline Inventory FUTURE MEETINGS/AGENDA ITEMS ADJOURN KILUTC Agendas and Summaries 20041Janurary 12.2004. LUTC Agenda.doc City Staff Kathy McClung, Director, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 --.- -------- --_.------ ------- City of Federal Way City Council land UserTransportation Committee December 15, 2003 5:30 p.m. City Hall Council Chambers MEETING MINUTES In attendance: Committee members Eric Faison, Chair, Deputy Mayor Dean McColgan and Councilmember Michael Park; Council Members Linda Kochmar and Jack Dovey; Director of Community Development Services Kathy McClung; Director of Public Works Cary Roe; City Attorney Pat Richardson; Deputy Director of Community Development Services Greg Fewins; Deputy Public Works Director Ken Miller; Senior Planner Lori Michaelson; Traffic Engineer Rick Perez; Development Services Manager Jim Femling; Senior Traffic Engineer Maryanne Zukowski; Associate Planner Rox Burhans; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Faison called the meeting to order at 5:34 pm. 2. APPROVAL OF MEETING MINUTES The summary of the November 17, 2003, meeting was approved as presented. 3. PUBLIC COMMENT There was no public comment on any item not included in the agenda. 4. BUSINESS ITEMS A. 1-5 Access Study Presentation - The City awarded a contract on November 10, 2003, to the consulting firm CH2MHili to perform a feasibility study to determine access solutions to the congested interchange at South 320th Street and 1-5. South of 320th, WSDOT has determined that 1-5 is a High Accident Corridor (HAC) and the interchange at South 3201h Street is a High Accident Location (HAL). The study area is generally defined as: . The Interstate 5 mainline between SR 18 and South 272nd Street . The ramp termini intersections . An area including the City Center bounded by SR99 to the west . An extended corridor off-set and parallel % mile east of 1-5 . South 272nd Street to the north and South 348th Street to the south Staff is organizing targeted public involvement to gain neighborhood representation and source links of communication for the project. Stakeholder representatives of neighborhood groups will participate in formal information sessions. Staff and CH2MHili are working on agency participation groups for the Support Group, Advisory Committee and Stakeholder members that will be reviewed by WSDOT on December 16, 2003. Beginning in January 2004, there will be additional public, LUTC and City Council briefings and updates. B. Big Box Retail in City Center - As part of the 2001 Planning Commission work program, staff was asked to develop a code amendment excluding discount retail establishments from the City Center Core (CC-C) in order to encourage multistory, pedestrian-scale, mixed-use development that more efficiently uses CC-C land and maintains compatibility with the Federal Way Comprehensive Plan. Incentive strategies approved to date include: . A limited property tax exemption for residential and mixed-use projects in the City Center. K \lU IC ,\gendas and Summanes 2003\Dcccmbe, 15.2003. LUTC Mnules doc . Staff IS proceeding with a SEPA Planned Action and related code amendments/ordinances, slated for adoption in early 2004 Redevelopment strategies and/or potential public-private partnership Ideas and has decided to make this Issue a key topic of the Council's annually retreat in January 2004 . Given the strong recommendations from the public for the City to explore and consider incentives, and given the previously cited Council and staff actions and work items, staff has dedicated its time to incentive- oriented strategies with the intention of reintroducing these code amendments as part of a bundle of proposals for City Council consideration to include the SEPA Planned Action ordinance, City Center code changes, and potential redevelopment strategies. C. Colella Estates Preliminary Plat - The Colella Estates site is located north of SW 320tll Street at approximately 30tll Avenue SW and extends from 315th Street to a future 31 Otl1 Street. The majority of the developable portion of the site is located north of SW 31 ih Street. The Colella Estates project includes a 40-lot conventional subdivision for the southeasterly fourteen acres of the 59-acre site and a 46-lot cluster subdivision for the northwesterly forty-five acres of the site. The owner has agreed to pay the City $53,000 in mitigation fees and will perform an additional traffic study when 75% of the hOmes are occupied to determine the need for further traffic calming devices. The Committee m/s/c recommendation to the City Council to approve the Colella Estates Preliminary Plat at its meeting January 6, 2004. D. Work Program Progress Report - Staff reported many accomplishments in 2003. Those accomplishments included the 2002 Comprehensive Plan Update, the PM Study, annexation work, and several code amendments. The Permit Stakeholder's Recommendations were implemented; five major commercial projects were reviewed, including the Metropolitan Market and SeaTac Mall; four residential plats, three preliminary and one final, were reviewed and approved by Council; staff reviewed development applications for Christian Faith Center, Sound Transit, SeaTac Mall, City Hall tenant improvements and a new Community Center. The Building Official was instrumental in adoption of IBC Codes in the State Legislature, major upgrades to the Amanda Permit Tracking System, and was a major player in City Hall planning. Considerable work was accomplished with the Tourism and Economic Development Committees. A consultant was hired, a Public Scoping Meeting was conducted, and preliminary traffic results were reviewed for Planned Action SEPA for Downtown. Code amendments to facilitate development were identified; a team to plan publicity for the City was implemented and businesses were assisted with information about locating in Federal Way. A multi-family tax exemption for future City Center residential development was passed by Council. Twenty-six applications for Block Grants were processed and thirty- seven contracts for Human Services Funds were administered. Korean Community meetings were coordinated. CERT training was provided and a grant from King County EOC for equipment was obtained. Volunteers were recruited and then honored at a May "beach party" themed event. While the above accomplishments are not the entire list of great things accomplished in the last twelve months, Deputy Mayor McColgan thanked all staff for its hard work. He said that the bar is high here in Federal Way and the plate is always full. He acknowledged that Council is always adding more. But he also emphasized that the Council does appreciate all that staff does. Chair Faison echoed Deputy Mayor McColgan's comments and added that he has enjoyed being LUTC Chair for the past two years. 5. FUTURE MEETINGS The next scheduled meeting will be January 5, 2004 6. ADJOURN The meeting adjourned at 6:50 p.m. KU'("""",j""",I'""""""','IIII'lk"'",k""IIII'lt;,(\t,,,,,,,',d", CITY OF Federal Way PLANNING COMMISSION RECOMMENDA TION December 3 I, 2003 SUBJECT: Chair, Land Use/Transportation Committee (LUTC) David M~~anager " \/. v!l/ > Kathy McClung, Director of Community Development Services 4---fV~ Margaret H. Clark, AICP, Senior Planner )"r--W- Martin Nordby, Code Compliance Office~ Amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) (File No. 03-102457-00-UP) To: VIA: FROM: MEETING DATE: January 12, 2004 I. BACKGROUND The proposed code amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles, Exhibit A) were presented to the City èouncil at their September 2 and 16, 2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16,2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for add itional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29,2003, public hearing (Exhibit B). The Planning Commission continued the public hearing to November 19, 2003 (Exhibit C) and December 10,2003 (Exhibit D). After the close of the December 10,2003, public hearing, the Planning Commission recommended approval of those amendments shown in Exhibit E. Minutes for these meetings are enclosed as Exhibits F, G. and H and correspondence and e-mail from citizens are attached as Exhibit M. II. DISCUSSION OF PROPOSED AMENDMENTS/PLANNING COMMISSION RECOMMENDATION A. Planning Commission's Recommendation The proposed code amendment as drafted in Exhibit E incorporates the following Planning Commission's recommendations: I. Make no changes to the regulations governing recreational vehicles, trailers, and boats at this time.t . I Changcs may bc entertained at a tìlturc Planning Commission public hearing that \\ill bc publicizcd to encourage thc attendance and input of owners of recreational vehicles. trailers. and boats 2. Define commercial vehicle based on use. 3. Allow commercial vehicles up to 10.000 Ibs gross vehicle weight rating (GVWR) on any residentially zoned lot, regardless of lot size. 4. Allow commercial vehicles of any size on any lot in a Single-Family Residential (RS 35.0 - one unit per 35,000 square feet) or Suburban Estates (SE - one unit per five acres) zone. 5. Allow only one commercial vehicle per residentially zoned lot except for commercial vehicles used for loading and unloading purposes, and commercial vehicles used for construction purposes with a valid development permit. 6. Allow vehicles not more than nine feet in height and 22 feet in length used for private construction purposes on any residentially zoned lot. 7. For the exclusive purpose of loading or unloading the vehicle, allow commercial vehicles to be parked on any residentially zoned lot for a maximum of 48 hours. 8. Do not regulate vehicles used for non-commercial purposes, regardless of their GVWR. B. Proposed Code Amendments As a result of these recommendations, the following changes have been made to FWCC, Chapter 22, Division II (Exhibit E). Proposed changes are shown as strikeout (proposed deletions) and underline (proposed additions): I; Amended the title to more clearly describe the code section. 2. Deleted existing language in FWCC Section 22-176, which pertains to vehicles and boats. 3. Addressed commercial vehicles in a new FWCC Section 22-1176, and recreational vehicles and boats in a new FWCC Section 22-1177. 4. Moved regulations pertaining to recreational vehicles and boats to FWCC Section 22- 1177. The language in this section has been reformatted to be consistent with the remainder of Division II. FWCC Section 22 1177 22-1178, which provides for exceptions to the code based on a Process III review and approval, has been retained. In addition, a new definition for "Commercial Vehicles" was added to FWCC Chapter 22, Section 22-1, "Definitions" (Exhibit I). C. Other Code Amendments As part of this code amendment, staff discovered a mistake that was made by the codifiers in 1992. At that time, sections of the code were renumbered and rearranged. This resulted in a cross ^mendmenls to FWCC Chapter 22, ^rticlc XIII, Division I. "Vehicles and Boats" 1/12103 Planning Commission Recommendation to LUTC File #O3-IO2457-00-UP Page 2 reference to Division 11, .. Vehicles and Boats" being dropped from the requirement of immediate conformance in r-WCC Section 22-330. ¡.wce Section 22-330, "'Immediate Compliance with Certain Provisions Required"' states: "( a) (;cncro/ Iv. Regard \css of any other provisions of th is article, the fo II 0\\ ing nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; ...(8) Nonconformance with the provisions in FWCC 22-1111 et seq.: regarding parking and storage of large vehicles in residential zones." Prior to the 1992 codification, the nonconformance section (Chapter 165.25) referred only to, "Non-conformance with the provisions in Chapter 115 regarding parking and storage of large vehicles in residential zones" (Exhibit J). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage of large veh icles in residential zones (/:'-'d1ibir./). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176, et al. (Exhibit K). Section 22-330 now only references Section 22-1111, et seq. (Exhibit K. Page 2 of 4). We are, therefore, proposing to add a reference to FWCC Section 22-1176 et seq. in FWCC Section 22-330(8) (refer to Exhibit L). In regards to the above, the City is aware of one home occupation with an associated commercial vehicle in a residentially zoned area. With the passage of these amendments as presently written, this vehicle, which is approximately 20,000 Ibs GVWR, could no longer be parked legally on that lot. This lot is 15,480 square feet and is located in a Single-Family Residential (RS 7.2) zone. III. ADDITIONAL PLANNING STAFF COMMENTS During the December 1O, 2003, public hearing, two citizens testified that they owned backhoes, which are used for private yard improvement and landscaping purposes. After taking public testimony, the Planning Commission made a motion to allow construction vehicles for private use on residentially zoned lots as long as they meet the existing code in terms of size. The existing code allows any vehicle or boat to be parked or stored on a lot in a residential zone if the vehicle or boat is both nine feet in height or less and 22 feet in length or less. The Planning Commission did not recommend placing any other additional requirements such as screening of these vehicles. If this amendment is adopted as recommended by the Planning Commission, a backhoe or any other commercial vehicle used for private construction purposes could be stored on a lot of any size and be located anywhere on that lot, including the driveway. As a result, staff recommends that additional language be added to allow these commercial vehicles on residentially zoned lots only if they are not visible from a public right-of-way or access easement, or parked in the driveway. This would result in the following language in Section 22-1176(e): A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of-way or access easement and not parked in the drivewav. - -- ------ ----------- -_.--- --.--. .---------- -------- - ,<\l11cndlll(o[-; tu I:WCC (Îlaplcr 22. Article XIII. Di\'isiun I. "Vehicles and l\u~lIS" 1/12/()] l'I:lll11ingCul11l1lissiun Rccunllllendatiulllu I,till" lïlef!O,-IO21'i7-()O-tl\' P:lge ] IV. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. Recommend that the full Council modify and then approve the proposed code amendments. Recommend that the full Council disapprove the proposed code amendments. I. 2. 3. Staff recommends that the LUTC recommend to the full Council Option No.2 above, that is, adoption of the Planning Commission's recommendations with the additional staff recommendation to prevent visibility of vehicles used for private construction purposes from a right-of-way or access easement, or to be parked or stored in a driveway. V. LAND UsEffRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTe. APPROVAL OF COMMITTEE ACTION: Chair VI. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M FWCC Chapter 22, Article XIII, Division II, "Vehicles and Boats" as Presented to the City Council Staff Report for the October 29,2003, Planning Commission Public Hearing Staff Report for the November 19, 2003, Planning Commission Public Hearing Staff Report for the December 10, 2003, Planning Commission Public Hearing Proposed Amendments to FWCC Chapter 22, Article XIII, Division I I, "Vehicles and Boats" based on Planning Commission Recommendation Minutes of the October 29,2003, Planning Commission Public Hearing Minutes of the November 19,2003, Planning Commission Public Hearing Minutes of the December 10, 2003, Planning Commission Public Hearing FWCC Chapter 22, Article I, Section 22-1, "Definitions" Federal Way Zoning Code Adopted Upon 1990 Incorporation (Chapters 165.25, 115.05, & I] 5.145) Federal Way City Code Codified in 1992 (FWCC Sections 22-330, 22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment Correspondence and e-mail. I:\DOCUMENlìO\Crsized Vehiclcs\LUTC\O 11204 PC Rec Staff' Report to LUTc.doc/O 1/05/20045:28 PM -----.-----. Amcndmcnts to FWCC Chaptcr 22. Article X III. Di vision I. "V chicles and Boats" I /I2/0J Planning Commission Recommendation to LUTC File #OJ-It12457-00-UP Page .1 EXHIBIT A EXHIBIT A EXHIBIT A PAGE-LOF ~ FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and use Parkine and storaee in residential zones limited. Except as specified in FWCC 22 1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. COrd. No. 90 13, § 2(115.115(1»,227 90) Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any motorized vehicle or truck over 10,000 Ibs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 Ibs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 Ibs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (I) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. i.... ! ,," ,--: ' ¡.. , A ,.,,- P t~ F"'c ¡-.. -'-- ,<'~\ ¡~ . .'J.Jf.~.(--'" ..'~)'- \ '-" <--. ,_.. - --. 22 1177 22-1179 Exceptions. (a) :\ vchiclc of any sizc may bc parkcd on any lot in thc city for not morc than 18 hours for thc cxclusivc purposc of loading or unloading thc vchicle-. fI:H The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the veh icle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2( 115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts ofthe parking or storage. (0 rd. No. 90-43, § 2( 115.145(2)), 2-27-90) 22 117922-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1182 - 22-1195 Reserved. 112003 Codc Alllcndl11cn¡,;IOvcrsizc VchickslCity ColincillExhihit AIDivision II n Ncw Codc Langllagc.doc/I2131/200.ì <J2(, AM EXHIB IT B ~ CITY OF ",-. -~ Federal Way EXHIBIT 9 . PAGE-LOF ~- STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federa/ Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of October 29, 2003 I. BACKGROUND The proposed code amendments to Federa/ Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) were presented to the City Council at their September 2 and 16, 2003 public meetings for first and second readings respectively (Exhibit A). During these meetings there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16, 2003, the Council made a motion for staff to research those items discussed in Section II of this staff report and take the amendments back to the Planning Commission for additional review and possible revision. Staff has also addressed testimony from the neighbors, which is discussed in Section III of this report. II. RESEARCH REQUESTED BY COUNCIL A. The Council requested staff to research and respond to the following: 1. Prepare a matrix comparing how other jurisdictions regulate commercial vehicles, boats and recreational vehicles on lots in residential zones. Compare Federal Way regulations governing on-street parking of Oversize Vehicles and parking of Oversize Vehicles on lots in residential zones. Research whether there are any regulations that would prohibit big diesel trucks from starting up in the middle of night. Research whether the Home Occupation section of the code could regulate this. Research regulations governing leaking of hydraulic fluids. 2. 3. 4. B. Staff has responded to each of these items as follows: 1. Comparison Matrix Staff researched the codes and spoke to staff of Bellevue, Tacoma, Auburn, Tukwila, Kent, Sumner, Renton and Redmond to obtain information on whether theses cities regulate commercial vehicles and recreational vehicles and boats within residential zones. The results are shown in Table I, which compare regulations of commercial vehicles and in Table II, which compare regulations of boats and recreational vehicles. In general, use of private property, in this case storage and parking of vehicles is regulated through the Zoning Code and the Traffic Code regulates parking in rights EXHIBIT ~ PAGE -a OF I. . of ways. All the cities contacted have adopted regulations to govern on-street parking, however Auburn, Kent and Renton have no regulations to prohibit parking of commercial vehicles in residential areas/zones and Auburn, Tukwila and Renton do not regulate recreational vehicles or boats in residential areas/zones. In addition, the majority of the cities that regulate commercia! vehicles, with the exception of Bellevue and Tukwila, regulate commercial vehicles based on gross weight vehicle rating (GVWR), with the majority of cities using a 10,000 Ib GVWR cut off between commercial and non-commercial vehicles. There were fewer similarities between how the cities contacted regulate recreational vehicles and boats; however¡ most had some requirement for screening. For specific differences between cities, please refer to Tables I and II. 2. Federal Way Regulations Governing On-Street Parking FWCC¡ Section 15-82, Parking commercial vehicles in residential areas states "No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in residential areas zoned SE, RS and RM between the hours of 12:00 midnight and 6:00 a.m." Based on recent communication from the Citis Public Safety Department, the police are enforcing this code section. 3. Regulations Governing Large Diesel Trucks And Noise At Night The City of Federal Way has no existing regulations that govern a large diesel truck parked within any zone in the City starting and running its engine at night. In researching the regulations of the other cities mentioned previously, we found that several cities including Renton¡ Sumner and Burien regulated the operation of vehicles at night. Renton prohibits a vehicle over 12¡000 Ibs GVWR and located within 500 feet of residential buildings from operating any motor¡ engine, compressor or other device for more than 10 consecutive minutes or a total of ten minutes within a two-hour period between the hours of 9 p.m. and 6 a.m. The City of Sumner prohibits a commercial vehicle on a public right of way and located within 500 feet of residential dwellings from operating any motor, engine, compressor or other device for more than 10 minutes in a 2-hour period. The City of Burien requires that between the hours of 9:00 p.m. and 6:00 a.m., no person shall park a commercial vehicle upon the public right-of-way within 500 feet of residential dwellings and permit any motor, engine¡ compressor or other device to operate for more than 10 consecutive minutes or a total of 10 minutes within any two- hour period. There was also a question on whether the Federal Way Home Occupation section of the code could regulate noise associated with the operation of commercial vehicles during the night. In response to this, the Home Occupation section applies only to whether you are running a business out of your house and not if you are on-call to a business located elsewhere. 4. Regulations Governing Leaking Of Hydraulic Fluids A citizen was concerned that parking of commercial vehicles in residentially zoned areas would result in groundwater contamination due to leaking of hydraulic fluids. FWCC, Section 21-37. Prohibited Discharges states that "It is unlawful for any person to discharge contaminants into surface and stormwater, groundwater, or Puget Sound. ---- Oversized Vehicles Code Amendment Planning Commission Staff Report File #03-102457-00-UP Page 2 III. EXHIBIT- 0 P AGE~,j ~-2. =I Contaminants include, but are not limited to, the following: (3) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil; (21) Recreational vehicle waste; It is a violation of City Code to discharge contaminants that would eventually end up into surface water, groundwater, stormwater or Puget Sound. Therefore, if the City receives a complaint or otherwise discovers that a truck is leaking hydraulic fluid, it is treated as a violation and the owner of the truck is contacted and asked to cease the action and take corrective measures if necessary. Failure to comply may result in civil enforcement actions and/or sanctions A. RESPONSE TO TESTIMONY FROM THE PUBLIC B. During the Land Use Transportation Committee meetings of September 2, and 16, 2003, the following concerns were expressed by some members of the public. 1. The amendments would allow RVs and boats less than 28 feet in length to be parked in driveways. There was a concern that this would result in them bring parked partially on the sidewalk. 2. There was a question on how the height of boats and RVs is measured 3. There was just a general concern about increasing the allowable length of RVs and boats from 22 feet to less than 28 feet on driveways. Meeting with interested parties Staff contacted all parties that had presented public testimony at the LUTC meetings and on October 15, 2003, staff met with seven of these citizens (See Exhibit B -- Signup Sheet). Staff explained the reasons for the proposed amendments and listened to their concerns which are summarized as follows: 1. Concern about changing the way commercial vehicles and RVs and boats are measured. 2. There was the perception that the code would be made more lenient to the detriment of the City as a whole. 3. Concern about the way that height is presently measured. 4. Concern about the proposed code amendment from a present homeowner, who has lived in Federal Way for over 25 years, and whose husband drives a truck. s. Concern that the Public Safety Department is not enforcing the on-street parking restrictions. The concerns presented to the LUTC and to staff are generally the same; therefore, staff has combined responses where possible: Oversized Vehicles Code Amendment Planning Commission Staff Report File #O3-1O2457-00-UP Page 3 EX'-{¡b¡T_~ 8 ~-.----.._-- P AGE ~- ';, ) ~=--2~ 1. Concern About RV Parking Extending Unto Sidewalks The proposed code amendment includes specific language in Section 22-1177(c) as follows: Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use." It was the intent of this section to prohibit an RV or boat from parking in a driveway if it intruded into the right of way and any pedestrian pathway, including sidewalks. We can amend this language to clarify that sidewalks are included. 2. Measuring The Height Of Boats And RVs. The new code, if adopted in its present form, would not be based on height but on weight of commercial vehicles and length of RV's and boats. The present code does not include a definition of height relating to boats or RVs. Traditionally; the Code Enforcement Officer has measured height from ground level to the highest structural point, not incluèling any mechanical appurtenances such as air conditioners or accessories such as antennae or luggage racks. 3. Concern about Increasing The Allowable Length Of RVs And Boats From 22 Feet The proposed maximum length for recreational vehicles of 28 feet to be allowed on driveways is the result of information gathered from RV dealers about the length of the current classes of vehicles. Motor homes are divided into three classes, "A," "B," and "c" Each has a general length range and chassis base. Class "A" motor homes are the largest and can be up to 45-feet in length and 13-feet tall. They are typically built on a dedicated bus-style chassis. Classes "6" and "(" are based on a heavy duty van chassis and use the van nose or cab section. Class "(" motor homes can be up to 32-feet in length and have a cabover-style van front end. Class "6" motor homes are based on lengthened and modified van chassis and run to 24-feet in length. They also use the van cab. The 28-foot length maximum length was chosen to accommodate the smaller van-based motor homes and what appeared to be the more common length for travel trailers based on experience in the field. Moreover, the maximum length of an RV to be parked in the driveway would be limited by the subject property's ability to accommodate the vehicle. In most residential zones, front yard setbacks are 20 feet. The proposed amendment also includes a requirement that regardless of length, any vehicle stored on a residential driveway is prohibited from obstructing or overhanging any public walkway, sidewalk, or --- - - ----- ---- -- Oversized Vehicles Code Amendment 1'1<111111119 ConlOlisslon Staff Repol t Frle 1I03-JO2457-00UP Pdq" -1 street. EXHiBiT_- ~ PAGE,- 5:',J~_2-'-_- 4. Concern about Making the Code More Lenient as It Relates to RVs and Boats Some of the concerns raised during the public testimony concerned the potential impact of allowing larger RVs (greater than the presently allowable 22 feet) especially on smaller lots. Smaller lots are normally found on platted versus un-platted lots. Platted lots are usually associated with newer subdivisions that have private covenants in place. It has been the City's experience that many private covenants have specific restrictions about storing RVs and boats on lots. These restrictions are typically stricter than even existing city regulations. Covenants are private restrictions specific to a subdivision. Covenants are recorded with King County and runs with the land. The City does not enforce covenants 5. Concern from existing commercial vehicle operators The existing city regulations apply to all parcels within residential zones regardless of their size. Although it may not provide relief to all existing operators, having a different regulation throughout the city based on lot size may be an alternative. For example, commercial vehicles, RVs and boats of any size could be allowed in RS 35.0and SE (1 unit per five acres) if parked entirely on that lot. The proposed code already includes an exemption for vehicles used for agricultural purposes on any lot in a Single Family Residential (RS 35.0) or Suburban Estates (SE) zone. 6. Concern about non-enforcement of On-street parking Restrictions Please refer to response under Section II B 2 of this staff report IV. PLANNING COMMISSION ACTION After holding a public hearing and taking public input: 1. Request staff to provide additional research on specific items and make changes to the proposed code as directed by the Planning Commission, bringing the amendments back to the Planning Commission at a future continuation of this evening's public hearing. 2. Forward the proposed code back to the City Council with no changes. EXHIBITS l:xl i:iJlt f\ Ext1i1Jlt l3 Coele AI11CIHI11ICI1t pleSel1tecJ to City Coul1cil List of I\~oplc Altel1cJIl1() October 15, 2003 ~lCCtfflg rABLES I"dIJI(~ 1 1"¿lllle I ¡ I'iHkll1( of COI11I11CICIdl Veillcics III Reslejel1tldl Alcas 1',-11 klllfJ of ReucdtleJilal Vel11cles amj Boats 011 Lots 111 ReslcJelltlJI Areas 1\ 'Of) 1 Cnd,' ^""',,orncnt-.\Ov<,,';Pc VeI",I"c\PI"""""J (0""("",,on\102903 PI~nn¡"'1 Col1"",5Olo" St.lff R('I)(},1 DOC/lO/n/ìOOJ 3:41 P~l -.------ OVl'ISl/eei Vdllclcs Coele AI11CI1C!rl1CI¡[ 1'1"1111111'1 COll1l11I';',IIJlI SLlff [<"!1'1I1 File 1103-102457-00-UP Page 5 EXHIBIT A EXH,r-'T 8 I tj 1 ~ --- .. PAGE-'-Of~ FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and use Parkint! and storat!e in residential zones limited. Except as specified in F'NCC 22 1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. COrd. No. 90 13, § 2(115.115(1)),22790) Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any motorized vehicle or truck over 10.000 Ibs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulIdozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 Ibs GVWR or less, with or without a mounted camper unit. which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 Ibs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length. such as travel trailers. folding tent trailers. motor homes, truck campers removed from a truck or pick-up, horse trailers. boat trailers with or without boats. and utility trailers based on the folIowing conditions: (I) Vehicle does not intrude into public rights-of-way. pedestrian pathways. or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean. operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit.. A EXHIBI1__- 0," DAf'-.1= I OF t. 8 EXHIBIT__- _e PAGE 1 ()~ 2.1 22 1177 22-1179 Exceptions. (a) ^ '>chicle of any size may be parked on any lot in the city for not more than 18 hours for the exclusive purpose of loading or unloading the vehicle. Ebj The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (l) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord, No. 90-43, § 2(115.145(2)), 2-27-90) 22 117922-1181 Limitation on usc. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1182 - 22-1195 Reserved. EXHIB.", A o~._, PAGE~- -- f-~ 1. 1:\2003 Code AmendmenlS\Oversize Vehicles\Ci!y Council\Exhibi! A\Division II -- New Code Language.dodI0f22f2003 10:45 AM Name Address Phone Number E-mail Address Ý\A .0 'M 0- (...r 0. ~ K~~~ ~'t &<.1 ~..'~ l1-Þ-rf ...~r , d""""",, j) ~ ~; rdY 'V;(a"¿/~ II 33 F ~ . ?(/$,fll .2 n~ ,p?v~¡f'.r ~ V 'R 6.h~(^ W \ \V\~\ ?:, 2 7 ¿ -1 (~-f\1 A,JP~/"1 2~5'-'67L¡ - 2 ') L-,Ll F,)V\r:..AW^-w\\v¡ ,~Q f',\V\-\C mlÁ r t¿ $(: fA 4 c.~" D ¿ -\ 'K c; -II, (J/ ,,' .7 -ç 7 <;4/ 70b c:. v "-./ A.A. . rV1,' r-". G-¡Lkc"" ¡::) /: - J -en. Y\ A- Ln-P ( fj'-fo ç Ço '2-,;1 b s+ ;i-\ z., go 3 <7 :/-N ¿ I '-- Rl c--h Þ<-P. f-vv,r x-6<::;," <ÇQ :;:ç~ h\¡ :2':: -z.,. f?3 C) ;;2- f7/ 'h \;'\0\\0. W,t,~,c,I-\MI I~))\, ~\).\ ;¿c;l"'~"---' ;:)~ ~ -C}'}C, ~ (ì ').-u c.: v, \ .1,\ \ c.l" c /'-.1-<., (i) aJ7/ ~ -- 11 -;ç~(,^<.N¿ YeL.ç'1 Ù '3 2. ~((n f)i~ A1K ';W 2.<'~ ,C¡?7. <.'ì(~LI Y"~L~{I'r::>c.e.\Q' \ 1'1" '.) v . t'J rlf liTE' : IíI SIGN UP SHEET EXH(B~T_",~- 8 l '-" 5 PAGE ,- ';--A--. ~ J.. O(V.J . CAY- vd'V\éj (~L)U (.(rfì'J EX PAGE_'..,'E , 8 TABLE 1 - PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS Federal way (Proposed Code) 22-1176 Commercial Vehicles REGULATION I.Not allowed to park or store any vehicle on any lot in a residential zone ¡fthat vehicle is both more than nine feet in height and more than 22 feet in length except that a vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. 2. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. The following would be allowed: 1. Vehicles, 10,000 Ibs GVWR1 or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. 2. Vehicles used for commercial purposes but based on standard pick- up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. 3. Vehicles used for agricultural purposes on any lot in a Single- Family Residential (RS 35.0) or Suburban Estates (SE) zone. 4. Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (D CITY Federal way (Existing Code) CODE SECTION 22-1176 REGULATED Commercial Vehicles 1 GVWR means gross vehicle weight rating. \II CITY CODE SECTION REGULATED REGULATION 5. Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 6. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. Bellevue 20.20.720 D Commercial Vehicles on residential Exceeding 19 feet in length are not property. permitted to be parked overnight on residential properties unless approved through a Home Occupation Permit. Tacoma 11.05.2000 Commercial Vehicles on lots or rights Any bus, semi- trailer, trailer, motor of ways in residential areas. truck, tractor, and/or truck tractor or any commercial vehicle over 12,000 pounds GVWR can not be parked or stored on any residential property or on any public street, avenue, alley or other thoroughfare, or any right-of- way in any residential district in the City of Tacoma for a period in excess of one hour unless engaged in legitimate loading or unloading activities. Auburn No code adopted to date/they are working on a proposal. Tukwila 9.28.020 Commercial Vehicles and Trailers in Commercial vehicles or trailers are ... residential areas (lots or rights of allowed in residential areas based on ~ ways). Commercial vehicle is any the following: vehicle 8 feet or larger in width, 20 l.To load and unload. feet or longer in length, or 9 feet or 2. To avoid conflict with other traffic, ~ taller in length, the principal use of or to be in compliance with the law or which is the transportation of the direction of a peace officer or a commodities, merchandise, produce, traffic-control device. ,- freight or animals; or bulldozers, 3 In order to make non-recurring cranes and similar construction emergency repairs. < . '" L m X ::I: - CD - :-1 œ CITY CODE SECTION REGULATED equipment. REGULA TION 4. Commercial vehicles are allowed tp park in the private driveway of the owner of such vehicle provided that: (a) No more than one commercial vehicle is allowed to be parked. (b) They do not intrude into sidewalks, ped paths, or public rights of way, and shall not obstruct"Sight visibility from adjacent driveways (c) They shall be maintained in a clean, well-kept state, which does not detract from the appearance of the surrounding area. (d) They shall not be parked in parking lots of apartments, condominiums, or other non-single family living arrangements. (e) Trailers nonnally used as part ofa tractor trailer combination shall not be allowed to park in residential zoned areas. (f) They shall not be parked in residential areas except on the nonnal driveway of the vehicle operator's house. 5. Utility trucks owned by a public or quasi-public agency when the drivers are required by their employment to engage in public works or repairs. 6. Tukwila school district buses for a period of three hours during the days and hours when pupils are in school or during special events, if they do not obstruct traffic flow or block sight distance on the road or from driveways. 3 m X I - CD - 1-1 ) I UTI 1m N . CITY CODE SECTION REGULATED REGULATION Kent No regulations Sumner 18.12.030F9 AIJows commercial vehicles as part of I. No commercially licensed vehicles a home occupation. over 10,000 pounds shall be utilized in the business. 2. No more than one type of commercially licensed vehicle under 10,000 pounds gross weight capacity shall be utilized in the business on the premises. Renton No regulations Redmond 200.130.10 Commercial Vehicles I. Pickup or light trucks, 10,000 pounds GVWR or less, with or without a mounted camper unit, which are primarily used by the property owner for transportation purposes are aIJowed. 2. Truck tractors, large commercial vehicles over 10,000 Ibs GVWR are prohibited. 3. Only one commercial vehicle is aIJowed per lot. -em »x G)I mõ5 . .. -~ì þÞ/ ~:; '- .,-; i I . ! ita '.. 4 TABLE II -PARKING OF RECREATIONAL VEHICLES AND BOATS ON LOTS IN RESIDENTIAL AREAS CITY Federal way (Existing Code) CODE SECTION 22-1176 REGULATED Recreational Vehicles and Boats Federal way (Proposed Code) 22-1176 Recreational Vehicles and Boats 5 REGULATION I.Not allowed to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length except that a vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or un10ading the vehicle. 2. The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone. The following would be allowed: I. Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (a) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (b) Vehicle is maintained in a clean, operable condition. (c) Vehicle parking or storage is accessory to an existing permitted residential use. 2. Recreational/utility vehicles and I boats 28 feet in length or longer mav . m >< I - OJ .~ I . I r I loa CITY CODE SECTION Bellevue 20.20.720A BeJlevue 20.20.720 F Tacoma Auburn Tukwila Kent REGULATED Recreational Vehicles, Watercraft, and Utility Trailers Recreational Vehicles, Watercraft, and Utilitv Trailers Recreational Vehicles Recreational Vehicles 6 REGULATION be stored on any Jot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 3. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. Not permitted within a residential land use district, except for loading and unloading activities completed within a 3-day period within any given 2-week period unless there is compliance with the foJlowing: 1. Housed within a vented garage, or within a carport, which is screened from abutting properties. 2. Located within a side or rear yard (must comply with setbacks) and screened from abutting properties. 3. If no reasonable access to rear or side yard, one R V, watercraft or utility trailer not exceeding 28 feet in length may be located in front yard if screened from abutting property and right of way (if located within the front yard setback) Prohibited in any residential land use zone if exceeds 40 feet in length Not regulated. No more than one unit of a recreational vehicle {travel trailers, m X :I: - OJ - ~ . CITY CODE SECTION REGULATED REGULATION tent trailers, and camping trailers, all of which must be towed by a car; and truck campers, motor homes, and camper vans, all of which have the motor within the body of the vehicle) or structure shall be stored outside an enclosed building or structure on residential property; said equipment shall be screened from view of surrounding neighbors and shall not be used for habitation. Sumner 18.12.080C Recreational Vehicles and Boats I.Required front and street side yards shall not be used for the storage of any motor vehicle or vehicle accessory such as camper shells, boats, trailers, motorbikes or other wheeled accessory or conveyance. 2.Storage of such vehicles and vehicle accessories is permitted within the legal building site area and rear and interior side yards provided that such vehicles and accessories are screened from neighboring properties and public rights-of-way by a six- foot- high solid fence or landscaped screen.. For purposes of this section "storage"... means the keeping of such vehicles ,J and accessories on any portion of any { parcel of property for a period of 120 r continuous hours. Renton No regulations Redmond Recreational Vehicles Are allowed based on the following conditions: , 1. Must not intrude into a right of way' or access easement or obstruct sight' visibility from adjacent driveways, : 7 m X :r: - CD 1-1 ~~ . CITY CODE SECTION REGULATED REGULATION rights of ways or access easements. 2. Must be operable and maintained in a clean, weB-kept state and does not detract from the appearance of the surrounding area. 3. Must be screened from the closest abutting street right of way if not parked perpendicular to the right of way (there are certain prioritized parking locations on the lot). 1:\2003 Code Amendments\Oversize Yehicles\Planning Commission\1 021 03 TABLE l.docll 0/22/2003 I :21 PM ìJ rr'; ""r-... '>'/ ,.",.' ,..' -', G) :r rTl ¡ i... ' !~ ..,.1 bI ,- . I : "- : .; 8 CITIES REGULA TlON EXISTING PROPOSED BELLEVUE TACOMA AUBURN TUKWILA KENT SUMNER RENTON REDMOND Parking Commercial FEDERAL WAY FEDERAL WAY Vehicles in Residential Areas COMMERCIAL Not Not Not Re!!ulated Re!!ulated Re!!ulated Based on len¡;¡th and hei¡;¡ht X X Threshold for commercial vehicles at 10,000 lbs OVWR X X X or more Threshold for commercial vehicles at 12,000 Ibs OVWR X or more Allow commercial vehicles X (Max 2 X (Max 1 X (Max I X (Ma-x I less than threshold but restrict X (No Restriction) number of commercial vehicles vehicles) vehicle) vehicle) vehicle) Commercial vehicles used for agricultural purposes in large X lot areas Commercial vehicles parked temporarily for loading and X X X unloading Commercial vehicles parked for construction purposes with X a valid development permit Commercial vehicles allowed X X as part of a home occuDation To comply with peace officer X or traffic control device - ""'" ...... To make non-recurring X ..IV IT! emergency reoairs i>X Utility trucks owned by a (j) I public or quasi-public agency rT1 õ5 when the drivers are required X to engage in public works or I' -... ~ repairs School district buses up to a 1...1 max. of3 hours while children I are at school or at special X , "' I ¡ ¡ events ;í ! L ,. Process to allow exemption to X X ¡~ """ code, :.. REGULATION Parking RV's in Residential Areas RV's Allowed Based on length and height Based on length Parked temporarily for loading and unloading Within a vented garage Within a structure Within a carport and screened from abutting properties Allowed in drive way Does not intrude into r-o-w or side walk Kept in clean, operable condition Accessory to an existing permitted residential use AlIowed in side and rear yard (Not within setbacks) Process to allow exemption to code. EXISTING FEDERAL WAY x x PROPOSED FEDERAL WAY x X (If less than 28 ft long) x x x X (28 ft or longer; must be screened x BELLEVUE X (Prohibited if exceeds 40 feet) X X X X (If less than 28 ft; no access to side and rear yard; must be screened from abutting property and r-o-w) X (Must be screened) CITIES TACOMA Not Regulated AUBURN Not Regulated TUKWILA Not Re!!uIated KENT x X (Ma;\ 1 vehicle; must be screened) X (M¡L"I( 1 vehicle; must be screened) SUMNER X (Max 1 vehicle; must be screened) RENTON Not Regulated REDMOND x 1..1) X Ju~e:-i screbned) I I I f-+-L. ,-. : '-- ,T¡~ ~ \at TABLE 1 - PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS CITY CODE SECTION REGULATED REGULATION Federal Way 22-1176 Commercial Vehicles Not allowed to park or store any vehicle on any lot in a residential zone if that (Existing Code) vehicle is both more than nine feet in height and more than 22 feet in length, except that a vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. Federal Way 22-1176 Commercial Vehicles The following would be allowed: (Proposed Code) I, Vehicles, 10,000 Ibs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. 2, Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. 3. Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. 4. Vehicles parked on any lot in a residential zone for not more than 48 hour for the exclusive purpose of loading or unloading the vehicle. 5. Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 6. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. Bellevue 20.20,720 D Commercial Vehicles on Exceeding 19 feet in length are not permitted to be parked overnight on residential property, residential properties unless approved through a Home Occupation Permit. - Tacoma 11.05.2000 Commercial Vehicles on lots or I. Any bus, semi- trailer, trailer, motor truck, tractor, and/or truck tractor, ct:. right-of-ways in residential any commercial vehicle over 12,000 pounds gross vehicle weight can n@~ areas. be parked or stored on any residential property or on any public street, L ~ avenue, alley, or other thoroughfare, or any right-of-way in any ilh residential district in the City of Tacoma for a period in excess of one, hour, unless engaged in legitimate loading or unloading activities. I . '- 2. It shall be unlawful for any owner of property in any residential district to .. park on, cause to be parked on, or allow to be parked on his or her. residential property more than two vehicles of 12,000 pounds or less I gross vehicle weight which are used for commercial purposes. ::. . m >< I -- r'Tl '--' .: .,~.~ I I , - , iN' I ¡,.. CITY CODE SECTION REGULATED REGULATION Auburn No code adopted to date/they are working on a proposal. Tukwila 9.28.020 Commercial Vehicles and Commercial vehicles or trailers are allowed in residential areas based on the Trailers in residential areas (lots following: or right-of-ways). Commercial I. To load and unload. vehicle is any vehicle eight feet 2. To avoid conflict with other traffic, or in compliance with law or the or larger in width, 20 feet or direction of a peace officer or a traffic-control device. longer in length, or nine feet or 3 In order to make non-recurring emergency repairs. taller in height, the principal use 4. Commercial vehicles are aJlowed to park in the private driveway of the of which is the transportation of owner of such vehicle provided that: commodities, merchandise, (a) No more than one commercial vehicle is allowed to be parked. produce, freight, or animals; or (b) They do not intrude into sidewalks, ped paths, or public rights of bulldozers, cranes, and similar way, and shall not obstruct sight visibility from adjacent driveways construction equipment. (c) They shall be maintained in a clean, well-kept state, which does not detract from the appearance of the surrounding area. (d) They shall not be parked in parking lots of apartments. condominiums, or other non-single family living arrangements. (e) Trailers normally used as part ofa tractor-trailer combination shall not be aJlowed to park in residential zoned areas. (D They shaJl not be parked in residential areas except on the normal driveway of the vehicle operator's house. 5. Utility trucks owned by a pubJic or quasi-public agency when the drivers are required by their employment to engage in public works or repairs. 6. Tukwi!a school district buses for a period of three hours during the days and hours when pupils are in school or during special events, if they do not obstruct traffic flow or block sight distance on the road or from .... J driveways. .. Kent No regulations ~ ~ Sumner 18.12.030F9 Allows commercial vehicles as No commercially licensed vehicles over 10,000 pounds shall be utilized in t~ part of a home occupation. business. No more than one type of commercially licensed vehicle under 10,00.° pounds gross weight capacity shall be utilized in the business on the \ t ~ premises. Renton No regulations I.. U " Pickup or light trucks, 10,000 pounds gross weight or less, with or without a '; . Redmond 200.130.10 Commercial Vehicles -' mounted camper unit, which are primarily used by the property owner for '1 transportation purposes are allowed. Truck tractors, large commercial ll~ vehicles over 10,000 lbs gross weight are prohibited. Only one commercial vehicle 10,000 pounds gross weight or less is allowed per lot. 11. m >< I UJ -.- ~'i I \ I~ ¡ I CITY Federal Way (Existing Code) Federal Way (Proposed Code) PARKING OF RECREATIONAL VEHICLES AND BOATS ON LOTS CODE SECTION 22-1176 22-1176 REGULATED Recreational Vehicles and Boats Recreational Vehicles and Boats REGULATION Not allowed to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length except that a vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone. The following would be allowed: 1. Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the fol1owing conditions: (a) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (b) Vehicle is maintained in a clean, operable condition. (c) Vehicle parking or storage is accessory to an existing permitted residential use. 2. Recreational/utility vehicles and boats 28 feet in length or longer may be -U stored on any lot in a residential zone when not visible from the public ):þ right-of-way and not stored or parked in the driveway. (" 3. The city may, using process III, approve a request to park or store a vehicle~h of any size on a lot in a residential zone. I , I [11 X I -- [0 , _.~ ~ .~--1 ,- i i ; ~~. I I.\II~ 't-' I" ..1 CITY CODE SECTION REGULATED REGULATION Bellevue 20.20.720A Recreational Vehicles, Not pemitted within a residential land use district, except for loading and Watercraft, and Utility Trailers unloading activities completed within a three-day period within any given two- week period unless there is compliance with the following: I. Housed within a vented garage, or within a carport, which is screened from abutting properties. 2. Located within a side or rear yard (must comply with setbacks) and screened from abutting properties. 3. lfno reasonable access to rear or side yard, one RV, watercraft or utility trailer not exceeding 28 feet in length may be located in front yard if screened from abutting property and right of way (if located within the front yard setback) Bellevue 20.20.720 F Recreational Vehicles, Prohibited in any residential land use zone if exceeds 40 feet in length Watercraft, and Utility Trailers Tacoma Recreational Vehicles Not regulated. Auburn No code adopted to date/they are working on a proposal. Tukwila 9.28.020 Recreational Vehicles Not regulated. Kent 15.08.080 Recreational Vehicles No more than one unit of a recreational vehicle (travel trailers, tent trailers, and camping trailers, all of which must be towed by a car; and truck campers, motor homes, and camper vans, all of which have the motor within the body of the vehicle) or structure shall be stored outside an enclosed building or structure on residential property; said equipment shall be screened from view of surrounding neighbors and shall not be used for habitation. Sumner l8.l2.080C Recreational Vehicles and Boats Required front and street side yards shall not be used for the storage of any ~ motor vehicle or vehicle accessory such as camper shells, boats, trailers, motorbikes or other wheeled accessory or conveyance. Storage of such vehicles ~ and vehicle accessories is pemitted within the legal building site area and rear t and interior side yards provided that such vehicles and accessories are screened I from neighboring properties and public rights-of-way by a six- foot-high solid fence or landscaped screen. For purposes of this section "storage" means the keeping of such vehicles and accessories on any portion of any parcel of property for a period of 120 continuous hours. Renton No regulations m X I - CD - ,---I ,ìlIW 'N .. CITY CODE SECTION REGULATED REGULATION Redmond 20D.!30.!0-050 Recreational Vehicles Are allowed based on the following conditions: 1. Must not intrude into a right-of-way or access easement or obstruct sight visibility from adjacent driveways, rights of ways or access easements. 2. Must be operable and maintained in a clean, well-kept state and does not detract from the appearance of the surrounding area. 3. Must be screened from the closest abutting street right-of-way if not parked perpendicular to the right-of-way (there are certain prioritized parking locations on the lot). 1:\2003 Code AmendmentslOversize YehicleslPlanning Commissionll 021 03 TABLE I.docll 0/29/20034:27 PM "'Urn »X ø:I: mõS ~::j ~ IT) ¡tal .. .. EXHIBIT C -~ CITY OF ~ Federal Way EXHIBIT C PAGE-LOF ~ STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chaphr 22, Article XIII Division 11, "Vehicles and Boats" (Oversized Vehicles) I. Planning Commission Meeting of November 19,2003 BACKGROUND The proposed code amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division II, "Vehicles and Boats" (Oversized Vehicles, Exhibit A) were presented to the City Council at their September 2 and 16,2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16,2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29,2003, public hearing. The Planning Commission continued the public hearing to November 19,2003, with a request for staff to research additional questions listed in Section II of this staff report. II. ADDITIONAL RESEARCH REQUESTED By PLANNING COMMISSION A. The Planning Commission requested staff to research and respond to the following: l. 2. They wanted to see commercial vehicles and recreational vehicles regulated separately. They requested staff to research a lot exemption to allow commercial vehicles on larger City lots. The location of the parking of the vehicle.relative to the property line should also be considered. Related to the above potential lot exemption, they requested staff to prepare a matrix which shows the residential zoning districts and the corresponding lot sizes. They inquired whether a commercial vehicle being used for personal reasons could be treated differently from a commercial vehicle being used purely for commercial purposes. Both the existing code, as presently written, and the proposed code would allow parking of commercial vehicles on residentially zoned lots with a Process III review and approval based on meeting certain criteria. However, several Planning Commissioners were concerned that the Process III fee, which is over $1,000, was too much for this purpose. They wanted staff to consider a less expensive exemption process. They asked staff to further explain why the length of RVs and boats to be allowed on a driveway was proposed to be increased from 22 to 28 feet. They were interested in limiting the number of commercial vehicles and RVs/boats on a lot. 3. 4. 5. 6. 7. EXHtSiT_C PAGE J-<) t_'" 8. They requested additional research on where the cutoff weight should be for commercial vehicles versus a vehicle used for private transportation purposes. They requested staff to consider an intervening step based on performance standards to allow commercial vehicles before having to apply for a Process III approval. 9. B. Staff has responded to each of these items as follows: I. Planning Commission Request Provide a separate code section for commercial vehicles and recreational vehicles/boats. Staff Response Staff can prepare a code amendment that separates the regulation of commercial vehicles from recreational vehicles and boats. The code language would be drafted after the Planning Commission made a recommendation on the standards to be adopted for each. Staff Recommendation Staff concurs with the Planning Commission direction and will prepare two separate code amendments for the Planning Commission's review. 2. Planning Commission Request Research a lot exemption to allow commercial vehicles on larger City lots. Consider the location of the parking of the vehicle relative to the property line. Staff Response . As shown in the newly proposed Section 22-1178, "Commercial Vehicles Exempted" (page I of I of Exhibit A), staff has proposed an exemption for, "Vehicles used for agricultural purposes on any lot in a Single Family Residential (RS 35.0) or Suburban Estates (SE) zone." This exemption could be expanded to include any lot greater than 15,000 square foot in size in a RS 15.0 (one unit per 15,000 square feet) zone, as well as in the SE (one unit per five acres) and RS 35.0 (one unit per 35,000 square feet) zones, and could apply the exemption to any commercial vehicle. . Regulating location of parking on a lot may be complicated. FWCC Section 22-1135 allows parking in front and rear yards if on an approved driveway. Please refer to the matrix associated with Question No.3, which shows required yard setbacks in each zone. In lieu of regulating placement of commercial vehicles on a lot, from an enforcement position it may be better to require standards, such as limiting the number of vehicles per lot and screening. Staff Recommendation Staff recommends that commercial vehicles be allowed on larger lots as discussed under the above "Staff Response." 3. Planning Commission Request Prepare a matrix that shows the residential zoning districts and the corresponding lot sizes. Ovcrsizcd Vehicles Codc Amcndmcnt Novcmbcr 19,2003, Planning Commission Stall Report rile #03-1 02457-00-UP Page 2 X. ", '.-"- C -', .-,. ' t:. ¡ I t t....'. , ,- --- PAGE_3-~)ç: 85 Staff Response The following matrix shows all of the City of Federal Way zon ing districts and the corresponding minimum lot sizes and yard setbacks. Except for the multiple-family zoning districts, Federal Way's zoning is not density-based but requires a certain minimum lot size for all newly created lots. However, a lot of any size is considered to be a legal building lot and can be built on if was created prior to Federal Way's incorporation on February 28, 199O, with certain exceptions. This means that a lot can be less than the minimum size and still be considered legal if it existed prior to incorporation. Zoning Minimum Lot Size Required Yard Setbacks SE 5 acres Agricultural Uses Setbacks - Front (F) 30', Side (S), and Rear (R) 30' Single Family Residence Setbacks - F 30', S 10', and RIO' RS 35.0 35,000 square feet Single Family Residence Setbacks - F 20', S 10', and RIO' RS 15.0 15,000 square feet Single Family Residence Setbacks - F 20', S 5', and R 5' RS 9.6 9,600 square feet Single Family Residence Setbacks - F 20', S 5', and R 5' RS 7.2 7,200 square feet Single Family Residence Setbacks - F 20', S 5', and R 5' RS 5.0 5,000 square feet Single Family Residence . Setbacks - F 20', S 5', and R 5' . RM 3600 (12 units per acre) Single Family Residence or Multiple Family Units Setbacks - F 20', S 5', and R 5' RM 2400 (18 units per acre) Single Family Residence or Multiple Family Units Setbacks - F 20', S 5' and R 5' RM 1800 (24 units per acre) Single Family Residence or Multiple Family Units Setbacks - F 20', S 5', and R 5' 4. Planning Commission Request Could a commercial vehicle being used for personal reasons be treated differently from a commercial vehicle being used purely for commercial purposes? Staff Response The definition of a commercial vehicle in the proposed language (Section 22-1176 of Exhibit A) includes the truck's primary use in addition to the GVWR to define it as a commercial vehicle. Weight rating alone does not define the vehicle as necessarily commcrcial. It is possiblc a truck not used for commercial purposes could be stored on a Ovcrsizcd Vchiclcs Codc Amcndmcnt Novcmbcr 19, 2003, Planning Commission Stall' Rcport File #03-1 02457-00-lJP Pagc :1 ..-.,., ,', '; r- )i r"'¡ , , -'. , c.--"",,, .,,~, G --.--.--- P A""'. F IJ l"J -- ---~ I 5 ----- n:sidentiallot and have a GVWR in excess of 10,000. This could be the case with the srmJller commercial trucks (often rated to 20.000 GVWR) used to tow the larger travel trailers or 51h wheel trailers (see next page). TRUCK Willi 20,000 LBS GVWR 5. Planning Commission Requcst They requested staff to consider a less expensive exemption process to allow oversized commercial vehicles on residential lots. Staff Response Both the existing code, as presently written, and the proposed code would allow parking of commercial vehicles on residentially zoned lots with a Process III review and approval based on meeting certain criteria. However, several Planning Commissioners were concerned that the Process III fee, which is over $1,000, was too much for this purpose. The City code sets out six different processes, Process I through Process VI. Process I and II arc administrative review and approval and does not require notification of adjacent property owners. Process III is also an administrative review process; however, property owners within 300 feet are notified by mail of the request. Process IV and V require public hearings before the Hearing Examiner, and Process VI requires a public hearing by the Planning Commission with a decision by the Council. [n general the application fees increase with each higher process. Process III is the only administrative process that requires written notification. The fees for each process arc adopted by ordinance; therefore, fees cannot be changes for a particular t)ve of Process II [ without an amendment to the ordinance. Any lower process, though less -- ----___n-- - -------------- ------- ------------- ()vt:rsilt:d V t:hieks ('ode All\t:lldllle1l1 ~On'1l\h'T I (). ::,()(),- 1'1'\I\!1;ll~' (""\\llli'SI<\11 :-;1:111 1'<'1'(\1 [ Ilk fiO3-IO2157-00-UI> I'a!é<' .1 EXH,SIT- ~ P AGE J ~') ~~----15 expensive, would not require notification. Given these parameters, and assuming it is the Planning Commission's desire to allow an exemption for commercial vehicles, it may be better to pursue it through another mechanism. Staff Recommendation Given the existing fee schedule and the way that the processes work, staff is unable to propose a less expensive exemption process and still require notification of adjacent property owners. 6. Planning Commission Request They asked staff to further explain why the length of R V s and boats to be allowed on a driveway was proposed to be increased from 22 to 28 feet. Staff Response Motorhomes are categorized into specific classes. Class "A" motorhomes are typically the largest of the recreational vehicles. These are typically constructed on a commercial truck or bus chassis and can be as long as 45 feet. CLASS "A" MOTORHOME, ApPROXIMATELY 40 FEET IN LENGTH -",,~ . Class "C" is the next largest motorhome. These can run up to 32 feet in length and are built on an extended heavy-duty van chassis. Oversized Vehicles Codc Amcndmcnt Novcmbcr 19, 2003, Planning Commission Stall' Report File #03-1 02457-00-UP Pagc 5 , - , ¡-- '._-, ¡ '. c ~.... "..-, r" L..r 6, { -; ;-- , '- '.., t. ,s CLASS "C" MUlUIZIIUi\'1E, AI'I'IWXI.\1A IllY 29-32 FEET IN LEN(jTI! II //. Class "[3" motorhomes are also based on a van chassis and are commonly referred to as '-mini-motorhomes" or van conversions. They run up to 24 feet in length. CLASS "[3" MOTORHOME, ApPROXIMATELY 21 FEET IN LENGTH -_____n--_~ ---~------- -- ----------.. -------------- - _n______--- ()v~r,i/~d V ~¡i~k, ('od~ A[l1~ndlll~nt Noveillher I'). 2001. I'lanlling ('olll!l1io;o;1011 SUi! l~el'<Ht Fik!!Oì,IO2¡~7-(l(I-l¡I' 1"1"" (, r-- \,/ t...J ' ;:: /' \.~. ,. \ -'l~ c , , --~.-~ .---.-.--.'- P L~.C~;= '1 '5 I ra\ cl tr;lileh call r;lIlge frolll I (J~ 12 foot ¡,)llg "pop-upu or tent-trailers. \\ hich call hc to\\ed h\;1 staJ1(!;¡rd passellger vehicle or light pIC~~Up trtlck~ to)<)~foot trailers. \\hich arc typically tl)\\cd hy heavier duty perS()]itl truck~ (ol11lllerC¡al rated trucks stich as the (iM/ (hc\ rulet f(odiak or lord 1-'450 or I. 55(J olkll to\\ the larger 5'~1 \\heels. IICWI,I.IR¡\II,U~, ^I'I'RU.\I\I\TIIY 22 II1I 1;\ LI,;\(illl !ICWII. !IUdI.ER, ^I'I'ROXI\IAIEI.Y 24 IITI IN LLN(ìTI! .~.. (her'.l/l'd \ll'IHeiL, «Id,' .\II),'lIdl11l',)1 ",","I)",'II')..)!III, I'LlIlI)III"('(qlllll","(\II:;t"lll~lï)(\rl IliLl:(I,~III.'1~7~()()~lJI' 1';t!'.L' 7 l_!\,.. , . ',- c p ACjE __8- " , : ..- 15 TRAVEL TRAILER, ApPROXIMATELY 26 FEET IN LENGT! I TRA VEL TRAILER, ApPROXIMATELY 29 FEET IN LENGTH .~ ._-, ;. :. '. , ---~---~---- ----- ----..--- --------- ,------.--. ()vcr,i/cd V chicle, Codc ¡\111c'l1dll1cI11 N,wc'll1hcr I <). ~()()-" PLI11II1IW ("\1111111\'11111 Starr R,,-p°r1 File 1I().,-I()~4S7-()(),II' I';¡'~c X EXHIB'T~ P AGE___q ...jt:: .s Due to this wide variation in length of trailers and motorhomes, staff reviewed other cities' codes. As shown in Table II - Recreational Vehicles and Boats, of the eight other cities surveyed (not including Federal Way), four (Tacoma, Auburn, Tukwila, and Renton) did not regulate the parking of recreational vehicles on residential lots. Two other cities (Kent and Sumner) prohibited parking of RVs in driveways unless they were screened. Bellevue allowed parking on driveways, if screened and if there was no reasonable access to the rear or side yard, and Redmond allowed parking on driveways if parked perpendicular to the abutting street right-of-way. Bellevue was the only city surveyed which set a maximum allowable length for recreational vehicles. Bellevue sets a maximum length of28 feet for RVs on driveways before some form of screening is required. Bellevue also set an absolute maximum length for storage of a recreational vehicle on a residential lot at 40 feet. A website review of some of the more common makers listed the length of their more popular trailers to be from 29 to 39 feet in length. The proposed code amendment shown in Exhibit A would prohibit all Class "A" motorhomes, most Class "C" motorhomes, and some ofthe Class "B" motorhomes from being parked on a residential driveway. Please note that regardless of the length of the vehicle, it must be completely contained on the driveway and cannot overhang the sidewalk, right-of-way, or other pedestrian pathways. Moreover, the maximum length of an R V to be parked in the driveway would be limited by the subject property's ability to accommodate the vehicle. In most residential zones, front yard setbacks are 20 feet. Staff Recommendation Based on further research, staff recommends a change in the proposed language of FWCC Section 22-1177 as follows: (c) Recreational/utility vehicles and boats less than 28 24 feet or less in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, sidewalks, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residentialllsc. (d) Recreational/utility vehicles and boats 28 feet in length or longer than 24 feet may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. (e) No more than one unit of a recreational vehicle (travel trailers, tent trailers, and camping trailers, all of which must be towed by a car; and truck campers, motorhomes, and camper vans, all of which have the motor within the body of the vehicle) or structure shall be stored outside an enclosed building or structure on residential property. Ovcrsizcd Vehicles Codc Amcndmcnt Novcmhcr 19, 2003, Planning Commission Staff Rcport File #03-IO2157-00-UI' I'a~~è <) EX}-iib,'- PAG\-:.JO C 'f ~ J-5 Please note that stafT proposes to add a definition of how to measure the length of R Vs and boats. The lengths of the R V s in the pictures shown are the lengths of the R V s themselves, without the hitch. Staffs definition will include the hitch in the measurement. This should result in the length of the RV itself being approximately 22 feet in length, similar to existing code. In addition, height will not be considered. 7. Planning Commission Request They were inter'ested in limiting the number of commercial vehicles and RVs/boats on a lot. Staff Response and Recommendation Please refer to the staff recommendation under Planning Commission Request No.6 above, pertaining to the limiting of recreational vehicles, boats, and trailers on a residential lot. Staff recommends that where commercial vehicles are allowed, they are also limited to one vehicle per lot. 8. Planning Commission Request They requested additional research on where the cutoff weight should be for commercial vehicles versus a vehicle used for private transportation purposes. Staff Response Research of manufacturer's ratings indicated the factory gross vehicle weight rating (GVWR) of the largest personal use pickup or light truck was in the range of 9000-9500 pounds. A recent updating of manufacture's data on weight ratings, length, and capacity for the largest personal use I ight trucks showed GVWR ratings that varied from 9100 pounds to 9900 pounds, when indicated. One maker listed combined weight ratings rather than GVWR. This would be for a fully loaded vehicle plus the weight of whatever was being towed. TRUCK WITH 9,600 LBS GVWR --------,,-----~----'-'-------'- ------- ---------.----..--------- (h CI'I/cd Vchicks ('odc ;\IIlClldIIlCIlI i':1"'Clllhcl I 'i. 200,. PI;lllllill,~ ('Olllllli,'IOII StaIlIZcl'°r( File 1103-IO2457-00-lIP Page 10 E-XH":) 'IT IU --- PAGE_~~' C .)¡:-~ The majority of codcs from neighboring cities used 10,000 pounds as the cut-off for separating commcrcial from personal use light trucks. Tacoma was the only city surveyed with a cut-off greater than 10,000 pounds, permitting vehicles of up to 12,000 pounds GVWR. As discussed under Planning Commission Request #4, the definition of a commercial vehicle in the proposed language (Section 22-1176 of Exhibit A) also includes the truck's primary use in addition to the GVWR to define it as a commercial vehicle. Weight rating alone does not define the vehicle as necessarily commercial. It is possible a truck not used for commercial purposes could be stored on a residential lot and have a GVWR in excess of 10,000. This could be the case with the smaller commercial trucks (often rated to 20,000 GVWR) used to tow the larger travel trailers, or 5th wheel trailers. TRUCK WITH 20,000 LBS GVWR Staff has provided the following pictures in order to assist you in determining whether there should be a maximum GVWR for large vehicles used for private transportation purposes and where the cut of should be for commercial vehicles, such as tow trucks, allowed on any residential lots. ------ Oversized Vehicles Codc Amcndmcnt Novcmher 19, 2003, Planning Colllmission Stair I~cpon File #03-1 02457-00-UP Page II 9,600 Ibs GVWR 16,000 Ibs GVWR 20,000 Ibs GVWR EXt-; U3 f-;- C r:~ I~ (; ~: I 2. ~. '5 9,600 Ibs GVWR --- H ~ >.L;..L...~~~~-=l . '-. " 19,000 Ibs GVWR , 42,000 Ibs GVWR 42.000 Ibs GVWR Oversized Vehicles Code Amendment November 19, 2003, Planning Commission Staff Report File #03-1O2457-0Q-UP Page t2 EXH I BIT C PAGE-.!J ~')~ __1~ Staff Recommendation Staff recommends that the Planning Commission adopt an upper limit GVWR for vehicles used for private transportation purposes. . 9. Planning Commission Request They requested staff to consider an intervening step based on performance standards to allow commercial vehicles before having to apply for a Process III approval. Staff Response and Recommendation Before we can adequately respond to this request, we would like the Planning Commission to act on the previous questions, since adoption of performance standards beyond screening and limiting the number of commercial vehicles on a residential lot may not be necessary. III. ADDITIONAL RECOMMENDATION BY STAFF In researching the regulations of other cities, we found that several cities, including Renton, Sumner, and Burien, regulated the operation of vehicles at night. Renton prohibits a vehicle over 12,000 Ibs GVWR and located within 500 feet of residential buildings from operating any motor, engine, compressor, or other device for more than 10 consecutive minutes or a total of ten minutes, within a two-hour period between the hours of 9 p.m. and 6 a.m. The City of Sumner prohibits a commercial vehicle on a public right-of-way and located within 500 feet of residential dwellings from operating any motor, engine, compressor, or other device for more than 10 minutes in a two-hour period. The City of Burien requires that between the hours of 9:00 p.m. and 6:00 a.m., no person shall park a c~mmercial vehicle upon the public right-of-way within 500 feet of residential dwellings and permit any motor, engine, compressor, or other device to operate for more than 10 consecutive minutes or a total of 10 minutes, within any two-hour period. We recommend adding language to the code amendment for commercial vehicles to address noise associated with commercial vehicles atnight. IV. PLANNING COMMISSION ACTION After further discussion and taking public input: \. Request staff to craft two separate code amendments to address commercial vehicles and RVs/boats based on the direction provided by the Planning Commission, bringing the amendments back to the Planning Commission at a future continuation of this evening's public hearing. Request staff to do additional research as directed by the Planning Commission. 2. EXHIBIT Exhibit A Code Amendment Presented to City Council 1:\DOCUMENlìO\ersizcd Vchiclcs\1 1 1903 StatTReport to Planning Commission.DOC/l1/13/20033: 17 PM Oversized Vehicles Code Amendment November 19,2003, Planning Commission StafT Report File #03-1 02457-00-UP Page 13 EXHIBIT A EXHIBIT C PAGE~ '.1~-I~ FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and use Parkin2: and stora2:e in residential zones limited. Except as specified in F'NCC 22 1177, it is a violntion of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 9013, § 2(115.115(1)), 22790) Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means. unless exempted by FWCC 22- 1178. any truck over 10,000 Ibs gross vehicle weight rating (GVWR). as defined in the Revised Code of Washington (RCW). the principal use of which is the transportation of commodities. vehicles. merchandise. produce. freight. or animals; or bulldozers, backhoes. cranes. and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10.000 Ibs GVWR or less. with or without a mounted camper unit. which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up. light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 Ibs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (l) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adiacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development penn it. EXHIBIT C P AGE' ~-,:) ~J5 22 1177 22-1179 Exceptions. (a) I. vehicle of any size may be parked on any lot in the city for not more than 18 hours for the exclusi','e purpose of loading or unloading the vehicle. ~ Except for commercial vehicles, +fie the city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No, 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 117922-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 1 gO-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1182 - 22-1195 Reserved. 1:IDOCUMEN'IìOversized VehicleslDivision II -- New Code Language.doclll/1312003 3:20 PM EXHIB IT D ~ CITY OF ~ Federal Way EXH1BtT_1> P AGE I:) F -----'..L. STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chaphr 22, Article XIII Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of December 10,2003 I. BACKGROUND The proposed code amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles, Exhibit A) were presented to the City Council at their September 2 and 16,2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16,2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29, 2003, public hearing. The Planning Commission continued the public hearing to November 19,2003, with a request for staff to research additional questions. Staff presented this research at the November 19, 2003, continuation of the public hearing, at which time the Plan~ing Commission requested that staff prepare a code amendment, which incorporates the following: I. Prepare separate code sections to govern commercial vehicles and recreational vehicles, trailers, and boats. 2. Define commercial vehicle based on use. 3. Allow commercial vehicles up to 12,000 Ibs gross vehicle weight rating (GVWR) on any lot, regardless of size. 4. Allow commercial vehicles of any size on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. 5. Allow only one commercial vehicle per lot. 6. Make no changes to the regulations governing recreational vehicles, trailers, and boats at this time. Changes may be entertained at a future Planning Commi~sion public hearing that will be publicized to encourage the attendance and input of owners of recreational vehicles, trailers, and boats. EXH.ß¡T_- ']) PAGE_-a. "J;=- " II. PROPOSED CODE AMENDMENT Based on Planning Commission direction (see items 1-6, above), staffhas prepared the proposed code amendments shown in Exhibit B. Proposed changes to the existing code are shown in a strikeout (deletions) and underline (additions) format. Even though the regulations for commercial vehicles have been separated from those governing recreational vehicles, trailers, and boats, they are proposed, to be kept in the same Division 11 to prevent duplication of language, such as the exceptions, which would apply to "oversized" commercial vehicles as well as oversized recreational vehicles, trailers, and boats. III. STAFF RECOMMENDA nON Staff recommends that the Planning Commission forward the code amendments as proposed in Exhibit B, C, and H to the City Council for approval. Exhibit C contains the new definition for "commercial vehicle" and Exhibit H is a code correction that was previously discussed in the July 6, 2003, Planning Commission Staff Report (please refer to following paragraph). FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required" states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; ...(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones." In reviewing this section, staff realized that this should also have referenced FWCC Section 22-1176 et seq. This omission apparently occurred when the code was codified in 1992. Prior to the codification, the nonconformance section (Chapter 165.25) referred only to "Non- conformance with the provisions in Chapter 115 regarding parking and storage of large vehicles in residential zones" (Exhibit D). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage of large vehicles in residential zones (Exhibit D). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176 et al. However, Section 22-330 now only references Section 22-1111 et seq. (Exhibit E). We are, therefore, proposing to add a reference to FWCC Section 22-1176 et seq. in FWCC Section 22-330(8) (refer to Exhibit F). In regards to the above, the City is aware of one home occupation with an associated commercial vehicle in a residentially zoned area. With the passage of these amendments as presently written, this vehicle, which is approximately 20,000 lbs GVWR, could no longer be parked legally on that lot. This lot is 15,480 square feet and is located in a Single-Family Residential (RS 7.2) zone. Oversized V chicles Code Amendment December 10,2003, Planning Commission StafTReport File #03-102457-00-UP Page 2 EXHIBIT__H_') PAGE~:)~ It IV. 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: I. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. V. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. There is no specific language in the comprehensive plan that addresses the desire to prohibit commercial vehicles from lots in residentially zoned neighborhoods. However, one of the land use concepts found in the comprehensive plan (page II-I) is the, "Preservation and enhancement of existing residential neighborhoods." The proposed FWCC text amendments are consistent with this concept. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots other than those in Suburban Estates and Single-Family Residential (RS 35.0) zones may block sight distance, thus contributing to traffic-related accidents. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on lots other than those in Suburban Estates and Single- Family Residential (RS 35.0) zones my detract from the neighborhood character. VI. 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: Oversized Vehicles Code Amendment December 10, 2003, Planning Commission Staff Report File #03-1 02457-00-UP Page 3 EXHiBíT- -1:1 PAGE ...:>~ ., I. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council 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. VIII. EXHIBITS Exhibit A Exhibit B FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" as presented to the City Council Proposed amendments to FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" based on Planning Commission direction FWCC Chapter 22, Article 1, Section 22-1, "Definitions" Federal Way Zoning Code adopted upon 1990 incorporation (Chapters 165.25,115.05, &115.145) Federal Way City Code codified in 1992 (FWCC Sections 22-330,22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment Exhibit C Exhibit D Exhibit E Exhibit F I:\DOCUMENlìO\ersized Vehiclcs\121003 StafTReport to Planning Commission. DOC/Last printed 12/3/20033: 14 PM Oversized Vehicles Code Amendment December 10, 2003, Planning Commission Staff Report File #03-1 02457-00-UP Page 4 EXHIBIT A EXHIBiT__u_b PAGE-5 -}f:__~ FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and use Parkin2: and stora2e in residential zones limited. Except as specified in F\VCC 22 I 177, it is a yiolation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 90 43, § 2(115.145(1)),2 27 90) Except as exempted pursuant to FWCC 22- I 178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- I 178, any motorized vehicle or truck over 10,000 Ibs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW). or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 Ibs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 Ibs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (I) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for a~ricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. EXHIBIT__- )) PAGE-" '~)~ It 22 1177 22-1179 Exceptions. (a) ,II" vehicle of any size may be parked on any lot in the city for not marc than 1 g hours for the exclusive purpose of loading or unloading the vehicle. fB1 The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts ofthe parking or storage. (Ord. No. 90-43, § 2( 115.145(2)), 2-27-90) 22 117922-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 1180 22-1182 - 22-1195 Reserved. 1:\1003 Code Amendments\Oversize Vehiclcs\City Collllcil\Exhibit A\Division II .- New Code L~llgllage.doclI2/0112003 5:08 PM EXHIBIT B EXH , B [T_- PAGE_:] ~----- ,a " ,- ------.- FWCC Chapter 22. Article XIII. Division 11. Commercial Vehicles, Recreational Vehicles, and Boats 22 1176 Size and use in residential zones limited-. Except as specified in FWCC 22 1177, it is a violation of this chapter to park or storc any vehicle or boat on any lot in a residential zone if that ','chicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 9013, § 2(1 15.115(1)), 227 90) 22-1176 Parkin2: and stora2:e of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles that does not exceed a maximum of 12,000 Ibs. gross vehicle weight rating (GVWR as defined in RCW ) may be parked on any residentially zoned l2t (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) 'Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (e) Additional exceptions as outlined in FWCC 22-1179. 22-1177 Parkin2: and stora2:e of recreational vehicles and boats in residential zones limited, Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. 22 1177 22-1178 Exceptions. (a) ^ vehicle of any size may be parked on any lot in the city for not more than 18 hours for the exclusive purpose of loading or unloading the vehíG-le-. EÐ1 The city may, using process 1lI, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) - I - EXH1 I"" IT ....-. lei t,---~ PAGE.~-' '.)~-'-' 22 117822-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 117922-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any I gO-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1181 - 22-1195 Reserved. 1:\DOCUMENlìOversized Vehicles\I20303 Revision Division II - New Commercial Code Language.doc - 2 - EXHIBIT- PAGE_~ FWCC Chapter 22. Article 1. In General. EXHIBIT C :Þ--- -- ~ . , ,- 88 Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not pennitted in any other zones of the city. Commercial vehicle means any motorized vehicle or truck, or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial ZOfl(!S means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that. is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (l) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. 1:\2003 Codc Amcndlllcnts\Ovcrsizc Vchicks\Planning Coll1ll1ission\Rcl11and VcrsionlDdìnitions.doclI2/0 1/2003 5:23 PM 165.20 1 65.25 EXH!B¡T____~ ~hJBIT 1> 01- b PAGE -10 ,)~:. I t PAGE I OF--!f.- Abatement of Non-Conformance. That Was Illegal When Initiated 1. Gcneral - Except as specified in Paragraph 2 of this Section, any non-conformance that was illegal when initiated must immediately be brought into conformance with this Chapter. The City may, using the provisions of Chapter 175 of this Code or any other applicable law, immediately abate any non-conformance that was illegal when initiated. 2. Exccptions - If a non-conformance has ever been in complete conformance with an applicable zoning code, it may continue to exist subject to tile provisions of tilis Chapter, and it is not subject to abatement under Paragraph 1 of this Section. Immediate Compliance. with Certain Provisions Required 1. General - Regardless of any otiler provision of this Chapter, tile following non-conformances must be immediately brought into conformance with applicable provision of this Code: a. Non-conformance with the Noise Standards in Chapter 115. b. Non-conformance with the Lighting Standards in Chapter 115. c. Non-conformance with tile Heat Emission Standards in Chapter 115. d. Non-conformance. willi the Radiation Standards in Chapter 115. e. Non-conformance with the Air Quality Standards in Chapter 115. f. Non-conformance with the Water Quality Standards in Chapter 115. g. Non-conformance with the Odor Standards in Chapter 115. ¥ h. Non-conformance with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones. I. Non-conformance with the provIsIons in Chapter 115 regarding junk in residential zones. 1 Ú5 - 2 165.30 165.35 .:XH\B!l ~----- EXhiBiT )- .¡ 'I> tJ AGE. _J! ,- '_'_PAGE__- 2. .~ 'J~-Jt- . j. Non-conformance with the Glare Standards in Chapter 115. k. Non-conformance with the provision in Chapter 95 of this Code regarding portable outdoor signs. 1. Non-conformance with the provision in Chapter 95 of this Code regarding location of signs extending over rights-of- way. 2. Abatement - The City may, using any of the provisions of Chapter 175 of this Code or any other applicable law, immediately abate or seek discontinuance of any non-conformance listed in Paragraph 1 of this Section. Sl2ecial Provision for Damaged Imnrovements If a non-conforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the follO\ving requirements and not otherwise: 1. The cost of reconstructing the damaged improvement docs not exceed 75 percent of the assessed or appraised value, the applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source tilat is acceptable to the City. TIle Community Development Director may require the applicant to provide an appraisal from a source acceptable to the City if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by tile City, tile larger of the two amounts shall be used. 2. The improvement, as reconstructed, is not any more non- conforming than it was immediately prior to the damage. 3. The applicant applies for a building permit to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that bui ld ing perm i 1. Certain Non-Conformance SpecifïC3IJy Regulated 1. General - Paragraphs 2 through 7 of this Section specify when and under what circumstances certain non-conformance must be corrected. If a non-conformance must be corrected under this Section, the applicant must, as part of the application for any development permit, submit all information that the City 165 - 3 115.100 "J; 115.105 EXHIBIT . 'þ EX. .IBrL ..~ E. ,~()r::- ' , -PAGE--'-OF~ P ~C? '5tðte standard Adopted The city of Federal Way adopts by reference the Maximum Environmental Noise Levels established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as no'W existing or hereafter amended. See WAC Chapter 173-60, as now existing or hereafter amended. b. Watercraft Noise Performance Standards - The city of Federal Way adopts by reference the Watercraft Noise Performance Standards established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-70, as now existing or hereafter amended. 2. Bonds The City may require a bond under Chapter 180 of this code to insure compliance with the provisions of this Section. Odor Any odor 'Which injures, endangers the comfort, repose, health or safety of pe~son on abutting p~operties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a violation of this Code. Outdoor Use, Activitv and S~orêce 1. General - This section establishes regulations appl icable to outèoor 'Jse, storage and activity. 2. Residential Uses - Outdoor uses, storage and activities noDilally. associated wi~h a residential use are De!:îJ\itted, unless otherwise regulated or prohibited by this Code. 3. Commercial and Industrial Uses a. General - Subject to the requirements of paragraphs b. through g. of this Section, the uses and activities that are permitted on a site under this Code may be conducted out of doors unless otherwise regulated or prohibited by this Code. 115 - 21 ~115.145 :CXHIBIT~-->-, EXHIBIT l\GE \ ~ " '.. '-- 'vteh'~s and Boats PA~~e ... ~d ~Cusc"'-in- Residential Zones Limited b 0# ). 1. Geller.iÙ - Except as specified in paragraph 2 of this section, it is à violation of this Code to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than 9 feet in height and more than 22 feet in length.. 2. f..xéeptions a. A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. b. The City may, using Process II, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if- 1) The parking or storage of the vehicle or boat ~ill not be detrimental to the character of the neighborhood¡ 2) The' property abutting the subj ect property will not be impacted by the parking or storage¡ 3 ) The place~ent of the vehicle or boat ~ill not create a potential fire . hazard¡ and 4 ) The parking or storage is clearly accessory to a residential use on the subject propertY and the vehicle or boat is operated by a resident of the subject property. The City way impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse imp'acts of the parking or storage. 3 . Limitation on Use - It is a violation of this Code to sleep in, or use for any other residential purpose, a vehicle or boat parked in a resideritial zone for more than fourteen (14) days in anyone hundred and eighty (180) day period. 115 - 38 . nor mod- . \Jcing the ~amount Hcre-asing >or area of I oy struc- r parking eet in any , required { increase ~hange in nt to the y adverse he project nificantly quirements, l..:XHIß~1_._- . ~-_._---- EXH'B'1.E: ~ PAGE ' ~~ ~H:__l'. p AGE_~ - C>F ~ ~ ZONING § 22.330 section (a) of this section, any development on the subject property must comply with all applicable laws of the city as if the resolution of intent to rezone had not been granted. (Ord. No. 90-43, § 2(130.80), 2-27-90) Sec. 22.307. Same-Map change. Upon completion of the project in full compli- ance with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by àdopting an ordinance that makes the change to the zone boundary or zone classification on the zoning map that was approved in the resolution of intent to rezone. (Ord. No. 90-43, § 2(130.85), 2-27-90) Sees. 22.308-22.325. Reserved. ARTICLE IV. NONCONFORMANCE* Sec. 22-328. Regulations applicable to non- conforming use. If a use is nonconforming in the zone in which it is located, this chapter does not establish appli- cable dimensional or other regulations. There. fore, to determine what regulations apply, the city will determine the zone that allows the noncon- forming use that is most similar to the zone in which th~ nonconforming use is located and apply the regulations of that zone- (Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91- 113, § 4(165.15), 12-3-91; Ord. No. 92.135, § 3(165.15), 4-21-92; Ord. No. 92-144, § 3(165.15), 6-16-92) Sec. 22-329. Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions of article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91- 113, § 4(165.20), 12-3-91; Ord. No. 92-135, § 3(165.20), 4-21-92; Ord. No. 92-144, § 3(165.20), 6-16-92) Sec. 22.326. Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the . uSe or development on the subject property that is not permitted under this chapter. ::.(Oèd. No. 90-43, § 2(165.05), 2-27-90; Ord. No. 91- . ',J18. § 4(165.05), 12-3-91; Ord. No. 92-135, § :,:<~~~(1~5.05). 4-21-92; Ord. No. 92-144, § 3(165.05), #i~ii.6-~~92} ....t. ..".:~ . . . ,.:22-327. When conformance is required. '."'- " an aspect, element, activity or use of or on the ""g~ct property conformed to the applicable - \/ Sec. 22-330. Immediate compliance with cel'- ~g chapter in effect at the time that aspect, 1( tain provisions requil'ed. ~ent, activity or use was constructed or initi- . ~~that aspect, element, activity or use may. (a) Gc'~crall?,- Regardless. of any other prOVl- n~ue and need not be brought into conform- slOn of thIS artIcl.e, the folloWIng .nonconformances '.With thl'S h te 1 -. f 'I .s must be immediately brought Into conformance . . c ap r un ess a prOVISIOn 0 ,,11 " . . ~,requires conformance. with the applicable prOVISIOns of tllls chapter: 8 ,0.90-4.3, § 2(165.10), 2.27-90; Ord. No. 91- (1) Nonconformance with the noise standards "....4(165.10), 12-3-91; Ord. No. 92.-135, § in section 22-956; . .~q~. 4-21-92; Ord- No. 92-144, § 3(165.10), 1$j~ .~*~:. ~enccs-E(fccLive date of the zoning regula. J.~ents. § 22-9; district regulations, § 22-571 .entary district regulations, § 22-946 et seq. ions. J the ap- ¡there- :ant may ferial re- . ~lated re- lpon this ns 22-301 ,on for 8. (2) Nonconformance with the lighting stan- dards in section 22-954.; (3) Nonconformance with the heat emission standards in section 22-951; 1357 ~!E.,.,;'i" ']> 4 EXHI.Bì-C ~- ,~ '0 r= ~ t: .__"EDEHAL WAY CITY C()~ A G::- § 22.330 (IJ) N()ncrJl]f()nn;¡nc(~ with the r;u]iaLion S[;lll- d;¡¡'ds 111 ;:I,ctilJ!l :¿2-~J:J~J, (:)) Ì\'u1Jcunfurmancc with the air qu;¡]ity stan- clarci;.; in section 22-9,17; (6) Ì'\onconformancu \'.-iLh the watur quality stanùi1rds j¡1 section 22-1196 eL seq.; (7) Noncl¡)]formancc with the odor sLll1darcL in section 22-958; ~)8J Nonconformance with the provisions in sec- , tion 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in sec. tion 22-952 regarding junk; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance with the provision in sec- tion 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in sec- tion 22-1596 regarding location of signs ex- tending over rights-of-way. (b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any other applicable law, to immediately aLate or seek dis- continuance of any nonconformancc listed in sub- section (a) of this section. (Ord. No. 90.43, § 2(165.25), 2-27.90; Orù. No. 91- 113, § 4(165.25), 12-3.91; Orù. No. 92-135, § 3(165.25),4.21-92; arc!. No. 92-1-11J, § 3(]G5.25), 6.16-92) Cross references-Enforcement of the p,'ovisions rc¡;ardinr; nonconformance with the zoning rq;ulations, § 22-121 d sC'{, maximum environmental nois(' ¡evc<;, § :U.I),)G; lí¡;l1tjn¡: ,(;"" d;,,'ds, § 22.95.1, he<l! fe¡;"hli',", ~ !:Y.'IC¡] , r:ldi:lll"", ,; :):~:lc"I, ,Iir qu:,ji(y, § 22.,).17; odors, ~ 2/..:J,'",; ,',;I[<'r qu:,jity, ~ :J:Y-] 1'1(; '" ,":'1 , p:u-kil1¡; ;md s(O¡;I¡;e of "uld"", ('qui¡""en!, ~ 2:'-1]]] C'; :,c..'q, junk <lnd junky;¡rds, '; :':!'I:',::; ¡:hr,' rl'll,d;¡:i"I";, :', '.'.':I',IJ, portable o,,¡duor siftn.';, " 22J:,:JG ct SC'{.; sigus ,'x- tcndin¡: over ri[(hts.of.way, § 22-1;),IG d ,e'1 Sec. 22-:n 1. Cct-tainllonConfol'lllances specif. ically ¡'cg'ulatc<!-(;cncntlly. (;1) Sections 22.3;-32 through 2/..-:t!7 specify when and under what circumstances certain Ilonc()nfor- 1l1;\I1ces must be corrected. If a n()IH:()nfol'lnance E 2. ¡¡¡Wit })(' ("(¡ITcd"d 1¡IIrk¡- ¡llì :"'dHJ!1, ill(~ app cl1d 11111:;[, ;IS P:lr( rd [I¡I: ;IPi,)IC;t(I(J!) f(¡r any d" \"CJr)pmen[ permit, slllJInit a]J illfrJ1'l11aLíon Lhatth city reasolì;dJly I)(:ed:-; to '(:vil:\',' [he correction, i ;¡dditiulI, (he city will not ícc\ll, a certificate o' zoning compliance or permit occupancy until th~ correction is made. . (]») If section 22-:-',:-',0 applir:s 10 a specific non- conformance, the provisions of this scction do not: apply to that same nonconformance. (Ord. No. 90.43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1)), 12-3.91; Ora. No. 92,135, § , 3(165.35(1)), 4-21-92; Ord. No. 92-144, §: 3(1G5.35(1)), 6-16.92) Sec. 22-332. Same-Nonconforming usc. Any nonconforming use must be brought into conformance or discontinued if: (1) The applicant is making structural alter- ations or increasing thc gross Door area of ; any structure that houses or supports the '. nonconforming use; (2) Other than as specified in subsection (1) of this section, the ilppJicant is making changes or alterations or doing work, other than normal maintenance, in any 12-month period to any structure that houses or sup- ports the nonconforming use ancl the fair market value of that change, alteration or work exceeds 15 percent of the assessed or aPi)raisec! value of that structure. The ap- plicant may provide an apprais:JI of the im- provement which hils been cbmaged. The appraisal must ue from a source that is ac. cepU1ble to the city. The cull\l11\1nity devel- opmcnt director may require the app1icé1nt Lo providc an apprais:11 from a source ac- ceptable (0 tlte city if the assl'ssed va\ua. tiolJ ;¡ppc;¡rs (" Ji' il1;¡pl'l"J)pl"ìz¡t('. If an ;q). pr;¡is;¡] i,s pJ"(!\.j¡je¡j )¡v t Ii{' :lpplíC;II1( or J'('quìl,,¡j ¡IV (¡II' ("11\',11,,' ];1:::"1" of (he (WO al!1UIIIJl.s sll;tll be used, (:J) The subject property has bel'lJ abandoncd for \)0 or 1!100T ('OI1ScClltive d;¡ys or thc nOll- COI1 fOlïl1 I Ii¡; Wil,jUS ("c;ls/'d (UI" ].s0 or mOIl' COI1SCCULt\.c <I;IY:-;; 01" (,1) The :Ipplicant rcpbccs tllC w;e with a dif- fen~nt use. Thc city may al/o\\' this change in use, i[through process II, the city deter- mines that the proposed ncw use will Lc 1 :Jf¡B .> . I l}, use; (2) The a or aI' norm impf< 12-m whic' appr; ject ~ an aì been a sO\. coml qUlf' frol1' asse pna app\ of t\ (3) The fOf ~ con' c.ca~ (IJ) The tcn ch;l .- :nt of that lLations of !and sur. JJect pro~ 'n will not It increasè' verage et. ~rty. com: r the mid. Ord. No. ual, § 21.28; 11. , ltion that n 22.1093 to the 8¡>- T, section it the foi. J )perty. proposed .cation of improve.. nder see- ithin 400 "' , the pro- icient in- ltial ¡m- ~ modifi- sures to s, all as l.- 31T- -_1?_- 'E \~OF ----ZONING " P. .. Of'; (2) It will not violate any express policy of the city. (3) It meets at least one of the following cri- teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90-77, § 3(115.75(4)), 12-11-90) Sec. 22.1095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or de. stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad- dition, if the land surface modiíìcation destroys ground cover or shrubbery, the applicant shall hy- droseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)),12.11-90) Sees. 22-1096-22-1110. Rcscnlcd. DIVISION 8. OUTDOOil ACTIVITIES AND STallAGE" >{Sec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)), 2.27.90) .Cross reference-This nonconformance must be immedi. ately brought into conformance with the applicable provisions of the zoning regulations. § 22.330. EXHH:511 PAGEJ E.") ) F -y- § 22-1113 Sec. 22.1I 12. Residential uses. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. lOrd No. 90.43, § 2(115.105(2)), 2-27-90) Sec. 22-1113. Commercial and industrial uses. (a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community devel- opment, a site plan drawn to scale showing and describing the following items: (1) Locations and dimensions of all structures and fences on the subject property. (2) Locations and dimensions of all parking and driving areas on the subject property. (3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing landscaping and buITer on the subject prop- erty. (5) The nature of the outdoor use, activity or storage. (G) The intended duration of the outdoor use, activity or storage. (c) Specific USe and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following stan- Janis: (1) All outdoor use, activity and storage areas must comply with required buffers for the pn mary use. (2) A minimum six-foot-high solid screening fence or other appropriate screening ap- proved by the director of community devel- 1589 ']> ....t:XHibï-( I \ONING P A,G E ..-4 : I ,'" r"'; i '-, i ..., L d,"; 1 _. """""..~ )1 . ... - ~-. .-' \ <, \ -,"". _. ----' tramc. The one at each ~ along the ,a that must (2) Natural topography of the ground. How- ever, the public works director may require land surface modification to fulfill the in- tent of this division as part of any develop- ment activity on the subject property. (3) Any number of tree trunks and sign or utility poles if the public works director de- termines that adequate visual access is available between these tree trunks or poles. (Ord. No. 90-43, § 2(115.130(3)), 2-27-90) .',: .- .: "'" i Sees. 22.1161-22-1175. Reserved. DIVISION 11. VEHICLES AND BOATS'" Sec. 22.1176. Size and use in residential zones limited. Except as specified in section 22-1177, it is a violation of this chapter to park or store any ve- hicle or boat on any lot in a residential zone if f ' that vehicle or boat is both more than nine feet in i height and more than 22 feet in length. :; (Ord. No. 90-43, § 2(115.145(1», 2-27-90) ~ Sec. 22-1177. Exceptions. ¡ ä (a) A vehicle of any size may be pai-ked on any i lot in the city for not more than 48 hours for the f exclusive purpose of loading or unloading the ve- { hicle. i (b) The city may, using process II, approve a ~ request to park or store a vehicle or boat of any ~ size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the char- acter of the neighborhood; ¡ . I' ( (2) The property abutting the subject property r' will not be impacted by the parking or t storage; ¡' (3) The placement of the vehicle or boat will I not create a potential fire hazard; and ;'~ references-Traffic and vehicles, ch. 15; district f" regulations, § 22-571 et seq.; offstrcct parking- requirements, § ~22-1376 ct seq.; vchicular access casement improvements re- quired, § 22-1496 et seq. (. t E~ )F~1196- (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1178. Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other re- strictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22.1179. Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3»), 2-27-90) Sees. 22-1180-22-1195. Reserved. DIVISION 12. WATER QUALITYt Sec. 22-1196. Scope. This division establishes the following water quality standards based on how the water leaves the subject property: (1) Section 22-1197 establishes water quality standards for water that nows directly from the subject property into a stream, a lake or Puget Sound. (2) Section 22-1198 establishes water quality standards ror water that is conveyed into the public stonnwater system directly from the subject property. 1Cross refm'cnces-Streets, sidewalks and certain other public places, ch. 13; utilities, ch. 16; storm and surface water utility, § 16.76 ct seq.; environmental protection, ch. 18; en. vironmental policy, § 18-26 d seq.; mitigation of development impact. § 19.41 d seq.; subdivision improvements. § 20.176 et seq.; surface and stormwater management, ch. 21; drainage program. § 21-26 et seq.; this nonconformance must be imme. diately broug-ht into conformance with the applicable provi. sions of the zoning rcgulations, § 22-330; environmentally sen. sitive areas, § 22-1221 et seq.; regulations rcgarding land surface modification improvements or landscaping around streams or other waterways, § 22.1306 et seq.; zoning regula. tions regarding improvements. § 22-1471 ct seq. 1599 EXHIBIT F EXrl~!:3\ ' 1>. PAGE~-¡ - JI FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Unifonn Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et ~; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regardingjunk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconfonnance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconfonnance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord.No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25),4-21-92; Ord. No. 92-144, § 3(165.25),6-16-92; Ord. No. 97-307, § 3, 12-16-97) 1:\2003 Code Amendments\Oversize Vehicles\l'lanning Cornmission\Remand Version\Nonconformance.dodI2/02/2003 9: 18 AM i!,)2002 Code Publishing Co. Page I EXHIBIT E I"" , /' , t-. ), !'-i ' '-"'" ,.. . I ,..' ~ - "'_'."---~.. PAGF I -z.._..__._._..~... EXHIBIT E FWCC Chapter 22. Article XHI. Division I I. Commercial Vehicles, Recreational Vehicles, and Boats 22 1176 Size and use in residential zones limited. Except as specified in F'.VCC 22 1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. COrd. No. 90 13, § 2(115.115(1», 2 27 90) 22-1176 Parkin!?: and stora!?:e of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 Ibs gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot: (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) Commercial vehicles may be parked on any lot in a residential zone during construction pursuant to a valid development permit; (e) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes; (t) Additional exceptions as outlined in FWCC 22-1179. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development pennit, no more than one commercial vehicle is allowed per lot. 22-1177 limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. Parkin!?: and stora!?:e of recreational vehicles and boats in residential zones 22 1177 22-1178 Exceptions. (a) ¡\ vehicle of any size may be parked on any lot in the city for not more than 18 hours for the exclusive purpose of loading or unloading the vehicle. f9-) The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: .. I - E:XJ-i ¡ b ;-;- u_-- e- PAG~_~ .~~ 2. (I) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) 22 1178 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2( 115.145(2)), 2-27-90) 22 1179 22-1180 Limitation on use. It is a violation ofthìs chapter to sleep in, or usè for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115. t45(3)), 2-27-90) 22 118022-1181 - 22-1195 Reserved. I:\DOCUMENnOversized Vehicles\LUTC\Exhibit E Division II -- New Commercial Code Language.doe - 2 - EXHIB IT F City of Federal Way PLANNING COMMISSION Regular Meeting ËJ\Frtb t - ~. -' PAGE_J ~ "-"- . """", ¡¡- .J <!!'"'" Octolwr 29. 20m 7:00 p.m. City Hall Council Chambers MLL liNG ìvllj\;ljll.S Coll1missioners present: I lope [IdeI'. Dave Osaki, ¡vlarta Justus Foldi. (jrant Newport, Dini Duclos, and 13ill Drakc. Coll1missionels absent (e:\cused): John Caulfield. Alternate ("nll1ll1issioners present: Lawson Ih<1llSolL ¡Vkrle Pkitá. and Christine Nelson. Alternate (oll1llli"sil)nel'" :!ibent. Ton) ¡vloore (unexcused), Swll present: Senil)r Planner Margaret ClaIk Coele Compliance Ui'1ïccr \Iartin Nordby. Assistant City \ I tl '111-:) . ¡";:~r~~}or::,-el~"el:,"':II:<L/~dll1 il~istrat i.ve Assislan.l.J~JJ~!~i.£~~.. Vice-Chair Elcler c;lIleci the meeting to orcler at 7:00 p.m. ApPROVAL OF MINUTES It \\as IIlh/c to aclopt the July 16,2003. minutes as presented. ALUIE:\CE COi\I;\1E~T ~one AD:VIINISTRATtVE Rf:I'ORT Nonc. COMMISSION BCSINESS Pt HUC HE.\RI\C (her-sized Vehicle Code Amendment Mr '\urdby delivered the staff report. Ikcau"e \11' lötimon) recci\ cd althc September 16,2003. City C\'uncilmeetin!,'-. thc Council made a motion t\ì send the ordinance bill' I-; te) "tall for research on the issues rlli<l!. :!nd tl) S'~llel i\ h:lck te\ ¡hc !'Janning Commis"ion for additil)nal rL'\ ie\\ and possible revi"ion. As part (,::h\" ¡JrOL"C"" "LI:'\'1Icld :IIIIL'ctillg \\i¡h cltilL'li, \\!II) kill ,,-i\l'lì !,~"tllll\'ll\ :I! t!IL'I.and lbe/Transportation «\!llllIi'lL'l'll i ",,",', \!\ "'II!lC'ill1L'c\i!1c"', :i\'c'll'c'('!1~'C'l"!b,'!C:li!<U"""'¡II)thel'I<\llnillgCommissioll \idil!':c'ih\¡l ii:,' ',iii'" ¡l,I:.i:\'III.IL"",'.!~lllil"; :"..:,'I,:c' ¡;";'! ""li""I:t:i:I~,hl\..\othl'!".iurisdiclions !C:--'lIlllk Ce'!!111L:"li,1 \ ",IIIClc:". h(,;¡h. ;'Ild !'L'u'e;lì!I'il \L'lllè'k, \111 Illh III IC,!dCI1lilii /.())e.~. IÎ1is malri:\ was illcluded ill the l'I:\I!llillg (\"l1l11issioll ,)l:IIII':ep',1I.t alld :111 uxbled 111:IU'i\ \\as a\ail;lbk to those attcnding \1\I,I¡,::I!i\I"- \1: ',,):dh.. ie'" iC\\L'd !lli" m:IU!\ :¡Ild .;UiL.d th:n ¡hc !)I"IW"d ~c'IIL'Ldk Cd!" ill \\ith the .."1 .'-c',ic'ill" ;,i:i,\:!!i'ii <:,:1";"""<;::1;:\',""'" ¡i,l, ""':':"",":'! IL"..'il1:I\I\'lhl\,tllcll1:ljor ',! I :[;11"1 ¡ II:,', Ii I Ii' ',! ¡i 'C': .', : I.," \\ 'Lï' \ i Ic' ! I: ". C('illllli""iollcr ¡ )Ikio" c:\¡lIcs:;cd her C\\lleerl) ¡li:lllhi, is:;UL' i~ COI!lillg bllcl-; to thc 1'!a11l1illg Commissioll. It I, likc':1 h','llwil!C',I>:dL ;\lld III \'rdL'!" to l"hurc il dl)l'"II'\ C('il1C h:!ck ;¡:--,I!!il. ,hc :¡-;I-;L'\! ii'thc Coullcil had ,,!1L'c'IIIC II.:edhllc'j., ;¡Ild 1)1 !!htluui\)ns. ()¡her ("('!l\111is"ll)lCh a".rL'L'\ì \\ ill¡ I¡L'!" \Jr. Nordhy n.:plicd that the : l'lilkil d\\'-",!I'lllll\\' "!\c'LîIIC 1!ISlrucli\'II:< tl¡l..'\ \\:\llte.! le' "-I\l' IIHlre.: I\P¡1\'!IUllil\ I() 1llhlic IL'SlimollY. Planning Commission Minutes Page 2 October 29,2003 Public Testimony was opened. EXHI6!-T__- ~ PAGE_2. 1 ;-- _I Marie Scicqua - She has worked with Mr. Nordby since July on this issue and feels it has been a long journey. She supports the amendment. She has an ongoing issue with a neighbor parking a commercial vehicle. She feels the City needs to look out for the needs of the homeowners and feels this amendment will do that. Jean Atwell- She lives in a neighborhood with very narrow streets and it can be dangerous to have commercial vehicles drive them. She commented that without this amendment, there is no way to deal with the person who wakes them with his loud vehicle. She also commented that having to come back to the Planning Commission has made this a long process. John Leskovar - He stated that he found it difficult to find information about this meeting. He commented that he is slowly developing his land and has purchased a backhoe for that.purpose. He fears that he would have to sell his backhoe if this proposal goes through. He asked why should a backhoe be restricted if he has a plan for the use of it and city penn its for the development? He has a good-sized property, so the backhoe is not readily visible to the neighbors. At the very least, he would like to see a grandfather clause to exempt him. Bob Rawlings - He spoke in opposition of the amendment, one reason is because the requested change was not brought forth by a citizen, but by City staff. He is concerned with the size limitation of recreational vehicles. He feels the size limit should not be increased. Mr. Nordby had commented that this amendment would decrease his workload. Mr. Rawlings understood that to mean that part of the reasoning for this code amendment was to decrease the Code Compliance workload. He askcd how one person could be expected to do it all, but relaxing the codes is not the answer. Scott Chase - He spoke in opposition of the amendment, because of the increase in the size of recreational vehicles. He does support the proposal in regards to commercial vehicles. He feels that the common voice is that we do not want oversized vehicles in our neighborhoods. He stated that other cities have screening requirements, such as not intruding into public spaces and limits on the number of vehicles that can be parked overnight. In regards to the backhoe, Federal Way has some lots that are larger and more rural than others. Because of th is, there is the potential for different regulations based on lot size. He commented that a problem with allowing large vehicles using Process III is that there is no requirement for adjacent property owner input. Larger vehicles should be screened and where larger vehicles are allowed on the property, they should be regulated; allowed in rear and sides, but not the front. In summary, he would like a limit to the numbcr of veh icles allowed and no increase to the size of recreational vehicles. By taking into consideration the regulations of other cities and our needs and interest, we can arrive at the best of all worlds. Richard Fiegel- He is opposed to the increase in recreational vehicle size. He feels storage should be allowed on the side and rear yards. He would also like to see a limit on the number of vehicles allowed. He is concerned that allowing even temporary storage of recreational vehicles in driveways will push cars into the street, which could be a safety problem. Lawson Bronson, Alternate Planning Commissioner - He objected to the comment staff made earlier that all who testified where invited to the meeting spoke of in the staff report. He had testified, but was not invited to the meeting. He feels that if reneational vehicles are going to be restricted, the size of the lot should be taken into consideration. He stated that he doesn't think K 11'1""",," ("""""""""1'0'H\\1,,0,,,," S""""", , 10-"1.01 d"d\,," """,cd 11111!ê<KH I IX 1'~1 Planning Commission Minutes Page 3 " October 2~O(J3 staff is aware of the changes in towing vehicles. (fthey were aware, th~? Qohld kilOw tl~he 5 size of vehicles is increasing. A fcw ycars ago, if this code amendment had been considered, it probably would have restricted SUVs bccause of their size. The City needs to keep in mind what changes could occur within the ncxt five to ten years, and draft the amendment with possible changes in mind. This proposal should not bc looked upon as a means of restricting poorly maintained vehicles. Commissioncr Duclos suggested the Commission consider this proposal as two different code amendments, one for commercial vehicles and the other for recreational vehicles. Other Commissioners agreed. She asked what the cost is for a Process III? Staff replied that it would be over $2000. Ms. Clark clarified that Process III does require that adjacent property owners be notified. Commissioner Duclos fclt the cost is excessive to simply seek permission to keep a backhoe. Commission Elder commented that a Process III review is used for many different types of projects. Ms. Clark commented that the staff would like some direction on how to proceed with this code amendment. The Commission would like staff to research an easier, and less expensive, exemption process; consider different requirements for different lot sizes; explain why increase the size for recreational vehicles; consider splitting the amendment into two, one for commercial and the other for recreational vehicles; consider allowing larger commercial vehicles where there is a use for it, room for it, and no complaints from neighbors; consider an intervening step (before Process III) with performance standards to allow larger commercial vehicles; limit to one commercial vehicle, even if they are just pick- ups; justify why 10,000 pounds gross vehicle weight when many of the researched cities use 12,000; and prepare a matrix showing zoning and lot sizes. It was m/slc to continues the public hearing to November 19,2003. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:00 p.m. "V'b""",." C""""""""""","\k«"," Su"""",v 10.2'1.01 dudl"" I'"u,,', Iin 1/2001 I IX 1'" EXHIBIT G City of ¡:ederal Way PLANNING COMMISSION Regular Mecting -. " p H S. r,--G EXn.' ! ---- PAGE_l',)~ ) '\o\clllhër 19. 2()()3 -¡IiI) p.l11. City Hall Council Chambers MllllNCi \11t'\ljIIS C()l11ml~si()l¡cr" prc~cnt: I lope Eldcr. Dave ()"a~i, ¡'vlarta Justus loldi. Grant Ncwport. and l3ill Drake. C\\mll1hSiollcrs ;!i)"CI1l (c:\cuscd¡: John Caullicld and Dini Duclos. ¡\ltclll;ltc Commissioncrs present: !",,"'¡!!~I"¡I'" .',1,:( tl!!,lllll,'-..,.I"\)Ii..\J¡C'I¡:lk(\\lllll1is,,i,\ncrs;¡h,'.'lll 1\\11: \'I($)rc (c.\cuscd) and ... k:k '¡",'i!;_, ! n,_11 : "1:!11 prc,cl1l: Scni$r 1'l:lIlllLT \J;¡rgarcl CLlrk. (, Idc C\\lllpliance Officer Martin '-..ordh\. .\SSIS1<1111 (I ,\lt~)~']~_L~,£]rcn Jor~\:.'hcn. al~~~-'2.lini~s.t.rati,--..;-,~~I."'~~L_li~la Piety. Vice-Chair Ilclcl calicd the meeting to order at 7:()() p.m. ApI'ROV.-\L OF M I:'-JUTES It was II/!\/c to aclopt the October 29.2003, minutes as presented. AUDIENCE C()\Ii\lENT '\nl1e. AIHII:\[SI"H..\¡'I\E REPORT \'Is. Clark informcd thl' Colllmission that the statl is beginning to prepare the 200-+ Planning Commission \\ork ['wgralll. Shc ;h~cd ¡¡"the Commissioners had any code amendmcnts they \\oLlldli~c added. ¡fthey do. please elll;lil \)1' call i'dargarct or Kathy \1cClung Th,' '\()r~ prugram \\'ill go to thc City Council, who \\ill prioriti/e thl' itL'nh. C():\-T:\.IIssro:\ BtS[;\;I:SS I'l HUC I[¡:\({I\C - ()u_Tsi/.cd \'chick Codc Alllcndment \11'. ~c)I"cI!)\ deil\";I,',! ¡11,' SI:I!'i I":PUIL ! Ie ~t;lk'd there \\L'I',' 1111\ ('.)JTc'Ctl\':h 1u th,' 1",'ì',)I"l. On page 9 it IL'I;"'l'll\:l.'S J ;Ihie.:~' Ihl' ,,!lUllld 11c dclet,'d. Sl;¡¡ld",'ilkd Ih\1 II) pIÒl'i!1 Ihe 111")Iî11;lll<\!1 in a table format. \1",\\1' .i"" '!>c","'I:! <::ll"ICl.'ill,ilc:s','CIIJIc!:¡IU::C':<lJ' ,I¡'.'l;;';:'-",:,'!..'"",' illcinl\\!'I11;nionis ,1':1,'_,' :1:ljl;c'"i\",::I\"C:cI::,¡I",' '::",::¡,itil...,tlln-sresponsesas ¡lll""':'::'::II!!:':"':¡::"'J" ii'.'.;ISI!Ull'dlh;¡l\>!lP:l:-'-I.,I).'li¡¡!lì),-¡.' ,i','...:,lill\c'lJì(q¡ ho;¡ts, StalTreplied th;11 hu;!h Ilc)uld hc lidded It s1\\liÌd he cu!hidl'rl.'d th;¡l ~c)I\1C pcupk ;11:ll' ¡',\11i a hu;¡t alH.1 al1 RV. /,', J: I ":,; II; ! k!. .", \', :; I Í1 C' :;, \' ,I. Ii c':, c \! ,¡ I ,: ¡): ',I it:\. leI'lie'l!,- !-:"cn !' ,'I ',',',!:'!' :!: IC':,!.' : 1"'_,;',il;!,",'L"c:.<II\;¡!i(iIIlI\\IIIII,'ci!j" ',' . II ',,:':llk;l\l'S ljlJC',II,lihliÌh\Ulj,,',lii,C\Lil:, ;¡ILLlrkl',illlldsCl"Lelllll:-,-.lki"iL"¡:::::",k'¡¡"c'liicksaíc 111l';ISI!red. il \\ ill h: dl)!I,' 'l-.'Ilgth U\LI';¡II.--\I! e;lrli,T sl;ilì'lepurt C(':IIII1,'lllc'd [hilt Ihi~ proposed ;!lll,'lhlll1<':ll\ \\,lld" ¡Il'ii) It)"",'r \íl. ~~~>rdl\\', \$'I-kltl;ll!. Ie 1l','I" tili" h :III :11;¡ppl\\pri;ilC rcasuJ] to ~l'C~ ;IIJd ch;I;):-'-I.' ;Jlld c\'IIII\\l'lIled Ih;11 V$IIIIIICCI'~ c\\ldd liclp wit¡ Ih,-' \\uI11\\;¡t!. Planning Commission Minutes Page 2 EXH' Q ~ T (jaNovember 19,2003 t U i . ---- 1a ~.ç:: I Scoll Chase - He is glad to hear discussion of breaking the ~~E;two-separatè pro,m!"ãls. He feels it is important to regard the vehicle in relation to the property line, regardless if it is commercial or an RV. He believes RVs shouldn't be stored in driveways. He also believes vehicles should not be stored in required yard setbacks. He strongly feels the size of R Y s should not be increased; property sizes are not getting larger. He commented that there is nothing in the current code that size does not include the hitch and since R V s are already measured with the hitch, there is no reason to increase the size to include the hitch. It would look better to have RYs parked perpendicular to the street. He pointed out to the Commission that the vehicle on page 12 that is under 10,000 GYWR is quite tall. In summary, the Commission should consider the number of large vehicles allowed, placement perpendicular to the street, whether the hitch is included, size and weight of the vehicle, screening, lot size, and no parking in setbacks. Richard Keltner - If the City were to do all that has been suggested by the previous speakers, why would anyone move to Federal Way with a boat and travel trailer? If a person's driveway is 24 feet and the vehicle does not overhang the sidewalk or right-of-way, why not allow it? Lawson Bronson, Alternate Planning Commissioner - He is a member of the American Society for Testing and Materials (ASTM) and said he could research if they have a standard for measuring vehicles and would send Mr. Nordby the information. He feels the staff report and what has been said tonight does not address the backhoe issue raised at the last Planning Commission meeting. It is allowed as long as he has a building permit, but since he is doing the work himself, it could take longer then the 12 months allowed by a building permit and it would be very expensive for him to get a new permit every 12 months. He also commented that many who have larger property would not want to have a fence or hedge to screen a large vehicle they park on their property. Commissioner Elder commented that we must be careful not to create excessive legislation. While she agrees commercial vehicles in residential neighborhoods should be regulated, as long as an R V fits in a driveway or garage and is not a safety concern, it should not be regulated. Commissioner Drake commented that the Commission should keep in mind that what is appropriate in one neighborhood is not necessarily appropriate for the whole City. Commissioner Grant discussed the backhoe issue and suggested that an exemption be made to allow such vehicles on larger lots as long as they are not visible. It was moved to adopt the staff recommendation only for commercial vehicles; the motion died for the lack of a second. It was m/s/failed to raise the GVWR to 12,000. The Commission agreed that recreational vehicles should not be regulated. It was moved, but died for the lack of a second, to send the proposed amendments to the City Council with no recommendation. It was moved/seconded to send forward the commercial vehicle portion of the proposed amendments to the City Council with a recommendation to adopt. It was m/s/c to amend the motion to place a limit of only one commercial vehicle allowed. The vote for the motion as amended was three yes, two no. According to the Planning Commission'~ Rules of Procedure, a motion must have a majority of the entire Commission (which is four) to be carried. The motion failed. After further discussion, the Commission decided that 12,000 G VWR was acceptable. They discussed the staff's proposal to allow one commercial vehicle on lots over 15,000 square feet as long as it is screened, which would include the Suburban Estates (SE), Single-Family Residential (RS) 35.0, and RS 15.0 zones. The Commission agreed that screening should not be required. It was m/s/failed to continue the public hearing to December 10, 2003, at the 320th Street library. The Commission agreed that recreational vehicles should be separated from the commercial vehicles and be discussed at a later date (maybe January). They agreed there should only be onc commercial vehiclc per K\Planmng C:omnuSSk>nI2iJOJ\'\kc""g Suounmy 11-19.03 doelLa" 1'..",'«1 12/J/200J 2 3' I'M Planning Commission Minutes Page 3 E*H --Novembcr-1~;"2003-' GE .. .",,- . PA ~....-}\-'--~--_... lot and SE and RS 35 should be exempt. Screening should not be required and parking in the driveway is acceptable. Measuring height can be an issue and it was recommended that the height limit be removed. It was m/5/c to adopt regulations for commercial vehicles with a limit of 12,000 GYWR, one vehicle per lot, can be parked in the driveway, and SE and RS 35 zones be exempt. The Commission feels that ifmore people were aware that regulations for recreational vehicles are being considered, more citizens would attend the meeting. The Commission would like the staff to do more advertising for the meeting when recreational vehicle regulations are discussed. Commission Elder offered to send the newspaper a let1er on this issue when the meeting date is decided. It was m/5/c to continue the public hearing to December 10,2003, at the 320111 Street Library to finalize the commercial vehicle code amendment, which will be written in line with the previous motion. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 9:55 p.m. K 11'1.""",," (",,"""""""\~OO "~k<",," s"""""", 11-1 'J-"; dodi."" I" """d I?/;/'(I(" ~ " 1'" EXHIBIT H City of Fedcral Way PLANNING COMMISSION Special Meeting ~l"r'k¡¡Ob ~_.. M:.- PA,GE~- {~)Ç , .---- December 10, 2003 7:00 p.m. King County Library 320111 Street MEETINCì MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Dini Duclos, Grant Newport, and Bill Drake. Comm issioncrs absent (excused): Marta Justus Fold i. Alternate Comm issioners present: Lawson Bronson, Merle Pfeifer, and Tony Moore. Alternate Commissioners absent: Christine Nelson (excused). City ColÌncil Mcmbers present: Mayor Jeanne Burbidge and Deputy Mayor Dean McColgan. Staff present Senior Planner Margaret Clark, Code Compliance Officer Martin Nordby, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES It was m/s/c (with one abstain) to adopt the November 19,2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING - Oversized Vehicle Croe Amendment Mr, Nordby delivered the staff repoti. He remarked that these amendments do not apply to recreational vehicles, which will be dealt with at a later date. It was noted that neighborhood covenants supercede the . Federal Wczv City Code. He commented that per RCW 46.25.0 I 0, "Gross Vehicle Weight Rating" (GVWR) means the value specified by the manufacturer as the maximum loaded weight of a single or a combination or articulated vehicle, or the registered gross weight, where this value cannot be determined. The GVWR of a combination or atiiculated vehicle, commonly referred to as the "gross combined weight rating" or GCWR, is the GVWR of the power unit plus the GVWR of the towed unit or units. The meeting was opened to public testimony. E/ben Field - Hc commented that his concern isn't commercial vehicles, but irresponsible drivers. Some people need to be able to bring their commercial vehicle home because they are on-call. John Leskover - He has a backhoe on a SR 15 lot. He uses it for developing his property. He is concerned that under the proposed amendments, his backhoe would be restricted. It is listed as a commercial vehicle in the proposed definition in Exhibit C. He docsn't understand why it would K\I'I,""""0<'""""".","2"";\","'""""""""'-",,,;,,,,, Planning Commission Minutes Page 2 , - __Dec~mber"'+G;-Zf163- b I .fi d . I. I. I . . I. PAGdE..~ ~"'t'~I-S e c ass! Ie commercIa sll1ce le IS on y usll1g It on liS properfy,'an not lor commercIa purposes. He would like to see construction vehicles removed from the proposed definition for commercial vehiclcs. He noted that while the backhoe is not large it is very heavy, and it would not be suitable to park it in his driveway. SIeve Dice - He is concerned with the livability of neighborhoods. He opposes the 12,000 GYWR limit, but would support the 10,000 GVWR. Sue Ellebrechl - She commented that a neighbor has a large commercial panel truck that they often park in their driveway. However, sometimes they park it in the street and that causes safety problems. She has come close to an accident because of maneuvering around the truck. Larger vehicles are a driving hazard. Scott Chase - He commented that at the last meeting staff showed pictures of vehicles and he saw many tow trucks that would fall under a 12,000 GYWR limit. This is unacceptable. He commented that a neighbor said he was unable to sleep due to the activity of a tow truck in their neighborhood. He opposes the 12,000 GYWR limit but would support a 10,000 GYWR limit. Mi/œ Bochantin - He opposes the 12,000 GYWR limit because it would allow tow trucks and they cause too much disruption. Bob Rawlins - He commented that he read the newspaper article on this issue and asked if the Commission had considered the effect these heavy vehicles have on the roads? If vehicles of 12,000 GYWR are allowed, what kind of damage might that do to the roads? Jean Atwell- She supports the 10,000 GYWR limit. She wants commercial vehicles out of neighborhoods. It is difficult to get by large vehicles with the narrow streets found in neighborhoods. Richard Fiegel- He is against the increase in weight. Commercial vehicles and residential areas do not mix. Lawson Bronson, Alternate Planning Commissioner ~ He commented that these amendments deal only with parking commercial vehicles on private property. The police regulate parking on . the street. Marie Sciacqua - She lives next door to someone who brings their tow truck home and it causes numerous problems. She feels the traffic codes need to be changed as well, in order to effectively deal with commercial vehicles being parked in neighborhoods. Alison Wood - She owns a backhoe that she keeps in her backyard. She has not received any complaints from her neighbors. She fears she would have to get rid of her backhoe if these amendments are adopted. She asked what about City vehicles when employees take them home at night? Wally Aikala - He commented that a neighbor parks semi's in their neighborhood and he is concerned that is devaluing the neighborhood. Randy Bean - He supports the 10,000 GYWR limit, but opposes the 12,000 GYWR limit. He commented that he has worked at the Flying J Truck Stop and noted there is a clear transition to commercial at 12,000 GYWR. K ~'Iannm~ ComnmsoonI2003C\1wmg Summ"" 12-10-03 d"elL"" p",,'ed 12;;(I/2()03 7 5<, ,\\1 Planning Commission Minutes Page 3 December 10, 2003 B'T M EXH¡ . ~ ¡ -- . PAGEJ ,;ÒW-J Rich Keltner - He supports the 10,000 GVWR limit. Chair Caulficld rcad into the record six emails from John W. (Bill) and Barbara Ellis, Pat Simmons, Darcn Burgess, Robert Dixson, Eline and Erling Herredsvela, and Delfa J and Terry Quinn, all of which oppose the 12,000 GVWR limit. Public testimony was closed at 7:40. Discussion was held on the backhoe issue. It was suggested that they be grandfathered. It was suggested that since the intent of the amendments seems to be to regulate commercial vehicles that are used commercially, we should allow vehicles that are to be used for improvement of the property. It was suggested that a separate definition for commercial equipment be written. Concern was expressed that if we allow commercial equipment on property for improvement of that property, someone will bring in a large piece of equipment because "some day" they plan to improve the property, and that "some day" may be years in coming. Chair Caulfield commented that he would abstain from voting on this issue because he missed two meetings. It was m/s/c (one abstain, one no, four yes) to amend the proposed amendments to 10,000 GVWR to fit with the residents' needs. It was m/dc (one abstain, five yes) to allow large equipment for personal use as long as it is specific to the property and fits within the current dimensions of not more than nine feet in height and not more than 22 feet in length. It was m/s/c (one abstain, five yes) to recommend adoption of the proposed text amendments as amended. The proposed amendments will now go the City Council's Land/Use Transportation Committee (LUTC) and then to the full Council. We will send notices to Pal1ies of Record of these meetings. The recreational vehicles code amendments will probably be dealt with in the spring. The public hearing was closed. ADDITIONAL BUSINESS None. AUDIENCE COMMENT Scott Chase - He commented that currently in his neighborhood, no one has a backhoe, but he is concerned that with this amendment they could have a backhoe in every driveway. He asked that language concerning screening be included. They should not be allowed to park in front of houses. John Leskovar - He commented that we need to have these changes so that those who "do-it- yourself" can proceed. ADJOURN The meeting was adjourned at 8: 15 p.m. KIl'lanm"g ('om"u;"u"\200JI~kctu," Summary 12-IO-OJd"dl.as> I"""cd 12;;0/2'1>" 7 «, MI EXHIBIT I EXHIBIT I EXHI,BIT_.t PAGE . I ~)i-' FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions . Church, 5ynagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class 1 home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class 11 home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreationfacility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means any motorized vehicle or truck, or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar vehicles used for construction purposes. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive. recreational activities (including activities suitable for all age groups) and is not: (l) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. I:\DOCUMENI\Ovcrsizcd Vchiclcs\LUTC\Exhibil I Definitions.doc EXHIB IT J 165.20 165.25 E:XHIBIT J f)AGE--Ì--c)F ~ Abatement of Non-Conformance. That Was IIle.gal When Initiatè.(f~"-~"'-'-"" - 1. 2. Gcnera] - Except as specified in Paragraph 2 of this Sc.ction, any non-conformance that was illegal when initiated must immediately be brought into conformance with this Chapter. The City may, using the provisions of Chapter 175 of this Code or any other applicable. law, immediately abate any non-conformance that was illegal when initiated. ExceRtions - If a non-conformance. has ever been in complete conformance with an applicable zoning codc, it may continue to exist subject to the provisions of this Chapter, and it is not subjc.ct to abatement under Paragraph 1 of this Section. Immediate ComRJiance with Certain Provisions Required 1. General - Regardless of any other provision of this Chapter, the following non-conformances must be immediately brought into conformance with applicable provision of this Code: a. Non-conformance with the Noise Standards in Chapter 115. b. Non-conformance with the Lighting Standards in Chapter 115. c. Non-conformance with the Heat Emission Standards in Chapter 115. d. Non-conformance with the Radiation Standards in Chapter 115. c. Non-conformance with the Air Quality Standards in Chapter 115. f. Non-conformance with the Water Quality Standards in Chapter 115. g. Non-conformance. with the Odor Standards in Chapter 115. ~ h. Non-conformance. with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones. l. Non-conformance with the provIsIons in Chaptcr 115 regarding junk in residential zones. 165 - 2 165.30 165.35 EXHIB~T__. J PAGE_a'í~~ J. Non-conformance with the Glare Standards in Chapter 115. k. Non-conformance with the provision in Chapter 95 of this Code regarding portable outdoor signs. 1. Non-conformance with the provision in Chapter 95 of this Code regarding location of signs extending over rights-of- way. 2. Abatement - The City may, using any of the provisions of Chapter 175 of this Code or any other applicable law, immediately abate or seek discontinuance of any non-conformance listed in Paragraph 1 of this Section. Special Provision for Damaged Improvements If a non-conforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: 1. The cost of reconstructing the damaged improvement docs not exceed 75 percent of the assessed or appraised value, the applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the City. The Community Development Director may require the applicant to provide an appraisal from a source acceptable to the City if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the City the larger of the two amounts shall be used. 2. The improvement, as reconstructed, is not any more non- conforming than it was immediately prior to the damage. 3. The applicant applies for a building permit to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that building permit. Certain Non-Conformance Snecifically Regulated 1. General - Paragraphs 2 through 7 of this Section specify when and under what circumstances certain non-conformance must be corrected. If a non-conformance must be corrected under this Section, the applicant must, as part of the application for any development permit, submit all information that the City 165 - 3 115.100 '¥; 115.105 EXH1B'T_- 1 PAGE-3-JF-*- a. state standard Adopted The city of Federal Way adopts by reference the Maximum Environmental Noise Levels established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-60, as now existing or hereafter amended. b. Watercraft Noise Performance Standards - The city of Federal Way adopts by reference the Watercraft Noise Performance Standards established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-70, as now existing or hereafter amended. 2. Bonds The city may require a bond under Chapter 180 of this code to insure compliance with the provisions of this Section. Odor Any odor which injures, endangers the comfort, repose, health or safety of per-son on abutting pr-operties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a violation of this Code. Outdoor Use, Activitv and Storêce 1. General - This section establishes regulations appl icable to outdoor use, storage and activity. 2. Res ident ia 1 Uses - Outdoor uses, storage and activities norJilally. associated with a residential use are pe!U\i tted, unless otherwise regulated or prohibited by this Code. . 3. Commercial and Industrial Uses a. General - Subject to the requirements of paragraphs b. through g. of this Section, the uses and activities that are permitted on a site under this Code may be conducted out of doors unless otherwise regulated or prohibited by this Code. 115 - 21 ~115.145 :r <:.~ EXH\B\T- PAGE--M- size and Use 1. Vehicles and Boats Residential Zones Limited General - Except as specified in paragraph 2 of this section, it is ð. violation of this Code to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both ~ore than 9 feet in height and ~ore than 22 feet in length.. ( in 2. Exceptions a. A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. b. The City may, using Process II, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if- 1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; 2) The" property abutting the subject property will not be impacted by the parking or storage; 3) The place~ent of the vehicle or boat will not create a potential fire hazard; and 4) The parking or storage is clearly accessory to a residential use on the subjec~ proper~y and the vehicle or boat is operated by a resident of the subject property. The city ¡¡:¡ay i¡¡:¡pose screening requirements, limit the hours of operation a~d impose other restrictions to el iminate adverse impacts of the parking or storage. 3. . Limitation on Use - It is a violation of this Code to sleep in, or use for any other residential purpose, a vehicle or boat parked . in a residential zone for more than fourteen (14) days in anyone hundred and eighty (180) day period. 115 - 38 EXHIBIT K ninor mod. ducing the .he amount increasing oor area of any struc- 11' parking feet in any y required y increase change in nt to the y adverse .he project llificantly -quiremcnts. Sec. 22-326. Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the uSe or development on the subject property that is not pennitted under this chapter. ..(OÌ-d. No. 90-43, § 2(165_05), 2-27-90; Ord. No. 91- ~lS. § 4(165.05), 12-3-91; Ord. No. 92-135, § :';:.:ß~(1~5.05), 4-21-92; Ord. No. 92-144, § 3(165.05), '.~;~.~6-16-92) ",.;\];.~.: ~~~Sê¿.22-327. When conformance is required. , '.'7. an aspect, element, activity or use of or on the ....~~ct property conformed to the applicable. \ Sec. 22-330. Immediate compliance with CCI" ~g chapter in effect at the time that aspect, '::{( tain provisions required. ~~nt, activity or use was constructed or initi- . .~~~hat aspect, clement, activity or use may. (a) Gc,:crall::- Regardless. of any other prov~. n~ue and need not be brought into conform- SlOn ofthl.s artlcl.e, the followlOg.nonconformances '~th this chapter unless a provision of this must be Imm~dlately br.o~ght mto. conformance ~.requires conformance. with the applIcable prOVISiOns of thIs chapt.er: 8,0.90-4.3, § 2(165.10}, 2-27.90; Ord. No. 91- (1) Nonconformance with the noise standards 1 ,.A(165.10), 12-3-91; Ord. No. 92-135, § in section 22-956' .1.°).4-21-92; Ord. No. 92-144, § 3(165.10), ' 1$¡~ (2) Nonconformance with the lighting stan. ~*~: dards in section 22-954; ::~ences-Errcctive date of the zoning regula. ~ments. § 22-9; district regulations, § 22.571 . ,et,tlary district regulations, § 22.946 ct seq. section (a) of this section, any development on the subject property must comply with all applicable laws of the city as if the resolution of intent to rezone had not been granted. (Ord. No. 90-43, § 2(130.80), 2-27-90) Sec. 22-307. Same-Map change. Upon completion of the project in full compli- ance with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by å.dopting an ordinance that makes the change to the zone boundary or zone classification on the zoning map that was approved in the resolution of intent to rezone. (Ord. No. 90-43, § 2(130.85), 2-27-90) Sees. 22-308-22-325. Reserved. ARTICLE IV. NONCONFORMANCE* ions. to the ap- of the re- :ant may .terial re-' ~lated re- Ipon this ns 22-301 jon for a EXHIBIT ~ - PAGE---LOF ~- ZONING § 22.33() Sec. 22-328. Regulations applicable to non. conforming use. If a use is nonconforming in the zone in which it. is located, this chapter does not establish appli- cable dimensional or other regulations. There. fore, to determine what regulations apply, the city will determine the zone that allows the noncon. forming use that is most similar to the zone in which the nonconforming use is located and apply the regulations of that zone. (Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91- 113, § 4(165.15), 12-3-91; Ord. No. 92-135, § 3(165.15), 4-21-92; Ord. No. 92-144, § 3(l65.15}, 6.16-92) Sec. 22-329. Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions of article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance. has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2.27-90; Ord. No. 91. 113, § 4(165.20), 12-3-91; Ora. No. 92.135, § 3(165.20), 4-21-92; Ord. No. 92-144, § 3(165.20), 6-16-92} (3) Nonconformance with the heat emission sumdards in section 22-951; l<¡K'7 XH' r-, ì-r E . \ f-~~' ; U' . -- FEDERAL WAY CITY cof5 AGE J ,~-~- -.~ u .';'- ~ § 22.330 (4) Nonconformance with the radiation stan- dards in section 22-959; (5) Nonconformance with the air qu<.1lity stan' dards in section 22-947; (6) Nonconformance with the water quality standards in section 22-1196 ct seq.; (7) Nonconformance with the odor standards in section 22-958; .~(8) Nonconformance with the provisions in sec- , tion 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in sec- tion 22-952 regarding junk; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance with the provision in sec- tion 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in sec- tion 22-1596 regarding location of signs ex- tending over rights-of-way. (b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any other applicable law, to immediately abate or seek dis- continuance of any nonconformance listed in sub- section (a) of this section. . (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91- 113, § 4(165.25), 12-3-91; Ora. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92) Cross references-Enforcement of the provisions regarding nonconformancc with thc zoning reb'Ulabons. § 22.121 ct scq.; maximum environmcntaJ noise lcvcJs, § 22.9~G; lighting st:m. <lards, § 22-954; heat regubtíon, § 22.9;)], r;¡òi,"1tion, ~ 22.95~), ;1Ír qu;¡Jity. § 22.947; odors, § 22-958; water quality, § 2211 9G c-l seq.; parking and storage of outdoor equipment, § 22-111 ] d seq: junk and junky;¡rds, ~ 22.9:'>2; glare regubtil)ns, § '/2.950; portablc outdoor signs. § 22-1~9G et see¡; signs ex- tending over rights-or-way. § 22-159G et sec¡. Sec. 22-331. Certain nonconformances specif- ically rcgulatcd~Gcncrally. (a! Sections 22-332 through 22-337 specify when ;lI1d under what circumstances certain nonconfor- mancos must be corrected. If a nonconformance must be corrected uJ~der this :ccl.ion, the app' cant must, as part 0/ the app}¡catJon for any d' velopment permit, submit a11 information that th city reasonably nceds to review the correction. i addition, the city wiJJ not issuc a certificate o' zoning compliance or permit occupancy until thé correction is made. . (h) If section 22-330 applies to a specific non- conformance, the provisions of this section do not' app ly to that samc nonconformance. (Orcl. No. 90-43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1)), 12-3-91; Ord. No. 92-135, §. 3(165.35(1)), 4-21-92; Ord. No. 92-144, §. 3(165.35(1)), 6-16-92) Sec. 22-332. Same-Nonconforming use. Any nonconforming use must be brought into conformance or discontinued if: (1) The applicant is making structural alter- ations or increasing the gross Ooor area of . any structure that houses or supports the '. nonconforming use; . (2) Other than as specified in subsection (1) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in any 12-month period to any structure that houses or sup- ports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The ap- plicant may provide an appraisal of the im- provement which has been damaged. The appraisal must be from a source that is ac- ceptab1e to the city. The community devel- opment director may require the applicant to provide an appraisal from a source ac- ceptable to the city if the assessed valua- tion appe,l1's to be inappropriate. If an ap- prais;l] is provided by the ;¡pp]ic<lnt or' required by the city, the 1:\11;('1" of the two amounts shall be used; (3) The subject property has been abandoned for 90 or more consecutive days or the non. conforming use has ceased for 180 or more consecutive days; or use; " (2) The: or al norD impr 12-rr whic appJ ject ana beel a so com qUlI Iron aSS( pn, app of\. (3) 'fh( for cor, cea (1) Th. ter ch; (-1) The applicant replaces the use with a dif- ferent use. The city may allow tbis change in lise, if through process II, the city deter- mines that the proposed new use will be 1358 ~nt of that ltations of I land SUr. bject pro~ )0 will not )t increase' lVerage el. erty, com: f the mid. ; Ord. No. ual, § 21.28; aI. ~\ ation that In 22.1093 to the ap- I, section lit the fòl. operty. proposed lCation of improve.. ndçr sec. ithin 400 I the pro. " -;> n phase:>" '. icient in- 1tial im- ~ I1wdifi, sures to s, all as (2) It will not violate any express policy of the city. (3) It meets at least one or the following cri, teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90-77, § 3(115.75(4)), 12.11.90) J. Sec. 22-1095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or de- stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad, dition, if the land surface modification destroys ground cover or shrubbery, the applicant shall hy' droseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, ~ 3(115.75(5)), 12-11-90) '. Sees. 22-109G-22-1110. Reserved. DIVISION 8. OUTDOOR ACTIVITIES AND STORAGE'" ">{Sec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)), 2-27-90) .Cross reference-This nonconformance must be immedi- ately brought into conformance with the applicable provisions of the zoning regulations, § 22.330. EXH\B\T- ~ PAr:'.E _! ~,r=~ Sec. 22.1112. Residential uses. ZONING !i 22-1113 Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. (Ord. No. 90-43, § 2(115.105(2)), 2-27-90) Sec. 22.1113. Commercial and industrial uses. (a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community devel. opment, a site plan drawn to scale showing and describing the following items: (1) Locations and dimensions of all structures and fences on the subject property. (2) Locations and dimensions of all parking and driving areas on the subject property. (3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing landscaping and buffer on the subject prop- erty. (5) The nature of the outdoor use, activity or storage. (6) The intended duration of the outdoor use, activity or storage. (c) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following stan- dards: (1) All outdoor use, activity and storage areas must comply with required buffers for the pn mary usc. (2) A minimum six-foot-high solid screening fence or other appropriate screening ap- proved by the director of community devel- 1589 traffic. The one at each d along the a that must (2) Natural topography of the ground. How- ever, the public works director may require land surface modification to fulml the in- tent of this division as part of any develop- ment activity on the subject property. (3) Any number of tree trunks and sign or utility poles if the public works director de- termines that adequate visual access is available between these tree trunks or poles. (Ord. No. 90-43, § 2(115.130(3)), 2-27-90) .'., - .' ";. i Sees. 22-1161-22-1175. Reserved. DIVISION 11. VEHICLES AND BOATS* Size and use in residential zones limited. , Except as specified in section 22-1177, it is a violation of this chapter to park or store any ve- hicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in : height and more than 22 feet in length. :; (Ord. No. 90-43, § 2(115.145(1)), 2-27-90) , t ~ t Sec. 22-1177. Exceptions. f Á (a) A vehicle of any size may be parked on any ~ lot in the city for not more than 48 hours for the { exclusive purpose of loading or unloading the ve- ¡ hicle. ¡ , (b) The city may, using process II, approve a ~ request to park or store a vehicle or boat of any ~ size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the char- acter of the neighborhood; í f E ~ (2) The property abutting the subject property t: will not be impacted by the parking or i storage; I; (3) The placement of the vehicle or boat will '. ' not create a potential fire hazard; and ':.' ~ references-Traffic and vehicles, ch. 15; district .' regulations, § 22-571 et seq.; offstreet parking requirements, § :~'22-1376 et seq.; vehicular access easement improvements re- quired, § 22-1496 et seq. ZONING tC' EXHIB'T- P AGE _J.t- '.) ~Lf § ,22.1196 (4) The parking or storage is clearly accessory to a residential use on the subject properLy and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22.1178. Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other re- strictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1179. Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) Sees. 22-1180-22-1195. Reserved. DIVISION 12. WATER QUALITYt Sec. 22-1196. Scope. This division establishes the following water quality standards based on how the water leaves the subject property: (1) Section 22-1197 establishes water quality standards for water that flows directly from the subject property into a stream, a lake or Puget Sound. (2) Section 22-1198 establishes water quality standards for water that is conveyed into the public stormwater system directly from the subject property. - tCross references-Streets, sidewalks and certain other public places, ch. 13; utilities, ch. 16; storm and surface water utility, § 16-76 et seq.; environmental protection, ch. 18; en. vironmental policy, § 18-26 et seq.; mitigation of development impact. § 19.41 et seq.; subdivision improvements, § 20.176 ct seq.; surface and stormwater management, ch. 21; drainage program, § 21-26 et seq.; this nonconformance must be imme. diately brought into conformance with the applicable provi- sions of the zoning regulations. § 22-330; environmentally sen. sitive areas, § 22-1221 et seq.; regulations regarding land surface modification improvements or landscaping around streams or other waterways. § 22.1306 et seq.; zoning regula- tions regarding improvements, § 22-1471 et seq. 1599 EXHIB IT L EXHIBIT L EXHIBIT_. L PAGE \ ~)I= I '- FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconfonnances must be immediately brought into confonnance with the applicable provisions of this chapter: (1) Nonconfonnance with the noise standards in FWCC 22-956; (2) Nonconfonnance with the lighting standards in FWCC 22-954; (3) Nonconfonnance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconfonnance with the standards in the Unifonn Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconfonnance poses a threat to life or safety, as detennined by the director in consultation with the appropriate fire safety officials; (7) Nonconfonnance with the odor standards in FWCC 22-958; (8) Nonconfonnance with the provisions in FWCC 22-1111 et seq. and FWCC 22- I 176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconfonnance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconfonnance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconfonnance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 1:\DOCUMENlìOversized Vehicles\LUTC\Exhibil L Nonconformance.doc <1.)2002 Code Publishing Co. Page I EXHIB IT M T m . EXHIBI --' PAGE- -' ~lF~ October 23, 2003 John Caufield Chairman, Planning Commission City of Federal Way Dear Mr. Caufield, I am writing to express my opinion concerning the future of the Oversized Vehicle Ordinance which I understand is being reviewed and updated. Unfortunately, I won't be in town when the next public hearing takes place. I am currently a member of the Marine Hills Architectural Control Committee. The Committee represents the interest of more than 500 residents of Federal Way. While I don't have a mandate from our community, I feel that my experience with negotiating dispute settlements has given me a pretty good insight into the general feelings of the majority of the residents of Marine Hills. I feel that the best course of action for the Planning Commission is to take whatever steps are necessary to increase the restrictions on the parking of oversized commercial or private vehicles on streets or in driveways in residential neighborhoods. Additionally, I feel that it should be a violation of the Ordinance to park (for an extended period) any trailer on the street, in the driveway, or beyond the front line of a home. A fence should also conceal vehicles parked alongside a home. Parking vehicles in front of homes causes an immediate eyesore, diminishes the overall appearance of the neighborhood and has the effect of reducing property values for all those who strive to maintain attractive homes and yards. The members of the Marine Hills Architectural Control Committee attempt to enforce the many covenants which cover the numerous plats within our neighborhood. However, a strong ordinance of this type combined with responsive enforcement would be invaluable to us as we work to maintain the pristine appearance our neighborhood. Thank you for any consideration you can give this request. Sincerely, Richard D. Bunn 28941 1ih Ave. S. Federal Way, WA 98003 (253) 941-0416 Page 1 of 1 Tina Piety - Planning commission mtg. 12/10/03 From: To: Date: Subject: <BarbAEllis@aol.com> <tina. piety@ci.federal-way.wa.us> 12/8/200311:14 PM Planning commission mtg. 12/10/03 EXHIBIT_~- PAGE~- ~ t= a --.------ ------------------ - -- --'-'--------'--------- - Hi. Your name and email address was given to me by Scott Chase. We live in the West Campus area and Scott has informed us of a meeting at the library on wednesday evening, December 10 to discuss the weight limits of vehicles allowed in neighborhoods. we will be unable to attend this meeting to to a prior committment made a month ago. We would like to voice our opinion on this matter. Is that possible to do by email? If so, we oppose the proposed 12,OOOlb weight limit, but would support a 10,OOOlb limit. Please let us know if this email will count towards this meeting. Thank you, John W. (Bill) and Barbara Ellis 244 SW 330th Street Federal Way, WA 98023 phone 925-5865 file:! /C:\Documents%20and%20Settings\tinap\Local%20Settings\ T emp\G W} 0000 1.HTM 12/912003 Page 1 of 1 Tina Piety - oppose the 12,000 lb. limit From: To: .Pat Simmons. <mpsimmons51@hotmail.com> <Ti na. Piety@cityoffederalw a y . com > 12/10/20037:39 AM EXHIBIT_- M . P AGE j. ~) ç--'-- Date: Subject: oppose the 12.000 lb. limit Dear Ms. Tina Petty, I live in the West Campus 2 division. I oppose the 12,000 lb. truck limit and support the 10,000 lb. limit on commercial vehicles in our neighborhoods. Larger commercial vehicles do not belong in our neighborhoods. They devalue our neighborhoods. Sincerely, Pat Simons 32803 2nd Ave SW Federal Way, WA 98023 253-874-8617 file:/ /C:\Docurnents%20and%20Settings\tinap\Local%20Settings\ T emp\G W} 0000 I.HTM 12/1 0/2003 Page 1 of 1 Tina Piety - Planning Commision From: To: Date: . Subject: "Daren" <wdburgess@worldnetatt.net> <Tina. Piety@cityoffederalway.com> 12/10/20037:50 AM Planning Commision EXH I B' T - rft_-.-- ,. -..,- I PAGE~ ~;- .-------- --------- . ---.---.-..--------- - -----.----------------.- ---- I received an email indicating that the Federal Way Planning Commission was going to vote tonight to raise the size limit on vehicles in residential areas. I am opposed to this change as it will allow residential areas to become parking lots for businesses. Increased traffic and the possibility of late night traffic are not the kind of developments we need for the property values and quality of life. Please recommend a NO vote on this proposed change. Thank you. file:/ /C:\Documents%20and%20Settings\tinap\Local%20Settings\ T emp\G W} 0000 I.HTM 12/10/2003 From: To: Date: Subject: "Bob Dixson" <bobdixson46@msn.com> . <Tina. Piety@cityoffederalway.com> 12/10/20039:23:38 AM Truck GW Limits in West Campus Div 2 EXHIBIT_- fA PAGE_5 ')t=-8 As a resident of West Campus Division 2 (326 SW 327th Place), I OPPOSE increasing gross weight limits for vehicles parked in the division to 12,000 Ibs. I will continue to support the 10,000 Ib gross weight limit. Robert Dixson Wonder if the latest virus has gotten to your computer? Find out. Run the FREE McAfee online computer scan! http://clinic.mcafee.com/clinic/ibuy/campaign. asp ?cid=3963 From: To: Date: Subject: Eline Herredsvela <Herredsvelas@webtv.net> EXH ¡ B ¡-['"" ~ <Tina. Piety@cityoffederalway.com> ~~~~~~~3c~%O~~~~i~~ehicles in our Neighborhood.... P A G E .-«-' ~.: ~ -8-_-- We are concerned about the 12,000 lb. GWVR being proposed and are very definitely opposed to this change. We are unable to attend the meeting tonight, but wish to express our opposition via this e-mail. Thank you for your consideration and help in this matter. Eline and Erling Herredsvela Campus Woods, Div. 2 Page 1 of 1 Tina Piety - weight limit. From: To: Date: Subject: CC: "Delfa Quinn" <dquinn@psfl.com> <Tina. Piety@cityoffederalway.com> 12/10/2003 12:18 PM weight limit "Rawlings Robert (E-mail)" <robertJawlings@apl.com>, "Rawlings Robert (E-mail 2)" <ro bertra wi ings@comcastnet> EXHIBIT_- ~ PAGE__-1 'î;:~1 -..--. Tina, We oppose the proposed 12,000lb weight limit, but would support a 10.000lb limit. WE do not want commercial vehicles parked or operating businesses in our neighborhood. Please add our names to the opposition of the proposal. Delfa J Quinn - homeo\\:11er \VCD2 Vice-President 32621 6th Avc SW Federal Way. WA 98023 Terry Quinn - homcov.mcr 32621 6th Ave SW Federal Way, WA 98023 Cc; Robert Rawlings -- President WCD2 HOA. file:/ /C:\Documents%20and%20Settings\tinap\Local%20Settings\ T emp\G W} 00001. HTM 12/10/2003 From: To: Date: Subject: Mike & Sherry McNulty <mikesherry@foxinternetriet> <Tina. Piety@cityoffederalway.com> 12/16/20034:48:59 PM proposed 12,OOOIb Commercial Gross Vehicle Weight Rating (GVWR) Hi Tina, We are adamantly opposed to the proposed 12,00Olb weight limit, but would support a 10,0001b limit Thank you. Mike & Sherry McNulty 32706 5th Ave SW Federal Way WA 98023 Exw.!r'~ 'T , ¡ICd PA.GE ___I 1'1 ~-I ---- Ken Miller, P.E., Deputy Director Public Works David H. M9selê\~~anager 14th Avenue Sand S 312th Street Traffic Signal and IntersectionImprovement Project .~ (i I YO, Federal Way DATE: December 31, 2003 TO: Chair, Land Use and Transportation Committee ,?r FROM: VIA: SUBJECT: ---- BACKGROUND: Five bids were received and opened on December 18, 2003 at 10: 10 a.m. for the 14th Avenue Sand S 312th Street Traffic Signal and Intersection Improvement project (See bid data below). The apparent lowest responsive, responsible bidder is Signal Electric with a total bid of $136,197.30. The low bid received was $56.20 below the engineer's estimate. This appears to be a favorable and competitive time to bid "signal" type of public works projects since five bids were received. The bids were as follows: Totem Electric Potelco, Inc. TransTech Electric M.T. Electric Signal Electric, Inc. Final Engineers Estimate $151,500.00 $142,905.45 $142,430.19 $137,105.45 $136,197.30 $136,253.50 The following table shows the estimated costs for design, and construction of the new traffic signal: COST CONSTRUCTION . ITEM ESTIMATE ESTIMATE Design King County Signal Review Construction Estimate 10% Construction Contingency Sub Total Printing Plans & Specifications Advertising TOTAL $30,920.77 $2,000.00 $136,253.50 $13,625.00 $182,799.27 $800.00 . . $1,200.00 _~~84,799.27 A vailable Budget $164,813.00 $164,813.00 $30,920.77 $2,000.00 $136,197.30 $13,619.73 $182,737.80 $800.00 _____1L200.0iL $U34,737.80 Although the five bids received were competitive and within the range of the engineer's estimate, the project is $19,924.77 over budget. However, as outlined in the November 17, 2003 LUTC memo there are funds available in the completed 8th Avenue South and South 31th Street Signal Project. Staff has worked with Signal Electric on several signal and lighting projects. City staff indicates that the contractor is qualified to complete the work detailed in the RFB. As a result, City staff believes Signal Electric can successfully execute the requirements of this contract to the City's satisfaction. Therefore the lowest responsive, responsible bidder is Signal Electric in the amount of $136,197.30. RECOMMENDATION: Staff recommends placing the following items on the February 3, 2004 Council consent agenda for approval: 1. Award the 14111 Avenue 5 and S 31ill Street Traffic Signal and Intersection Improvement Project to Signal Electric, the lowest responsive, responsible bidder in the amount of $136,197.30 and approve a 10% construction contingency of $13,619.73 for a total of $149,817.03. 2. Authorize transferring $19,924.77 from the 8111 Avenue South and South 31i" Street Project into the 14th Avenue South and South 31ih Street Project. 3. Authorize the City Manager to execute the contract. APPROVAL OF COMMmEE REPORT: Chair Member Member KM:kk cc: Project File Central File k:\lutc\2004\O1-12-04 14th & 312th bid award.dot ~ CITY OF ~ Federal Way DATE: January 12, 2004 FROM: Chair, Land Use and Transportation Committee Ken Miller, Deputy Public Work;; Director ~ r David H. Moseley, City ManageLl~v- ~ Right of Way Use Agreement for Improvement by Sound Transit to South 316th Street TO: VIA: SUBJECT: BACKGROUND: As a part of the Transit Center/Parking Garage Project on South 316th Street and 23rd Avenue South, Sound Transit is proposing to install street furniture including stamped concrete sidewalk, trellis footings, landscaping, banners and benches. This "treatment" along South 316th Street is intended to provide pedestrian friendly amenities and enliven the building frontage. A parking garage is required by City code design guidelines to provide pedestrian amenities. Although the Sound Transit project is an essential public facility, Sound Transit has agreed to meet the intent of the code. The attached draft agreement between Sound Transit and the City of Federal Way will allow for the installation and addresses responsibilities for maintenance of the amenities by Sound Transit. Also, a plan showing the landscaping, sidewalk scoring, benches and street light banners is attached. Staff will be present at the January 12, 2004 LUTC meeting to present the agreement and answer questions. RECOMMENDATION: Staff recommends placing the following items on the February 3, 2004 Council consent agenda: . Approval of the Right of Way Use Agreement by Sound Transit to South 316th Street . Authorize the City Manager to execute the Right of Way Use Agreement with Sound Transit. APPROVAL OF COMMITIEE REPORT: Chair Member Member ¡ i ~ r ~ . -. '-'. . ¡ KM:kk cc: Project File Central File DRAft RIGIIT-OF-W A Y USE AGREEMENT FOR 1M PROVE !\11<: NTS BY SOUND TRANSIT TO SOUTH 316'111 STREET BETWEEN 21sT AVENUE SAND 23R) AVENUE S THIS AGREEMENT is entered into this -~ day of , 2004, by and between the City of Federal Way, Washington, a Municipal Corporation ("City") and the Central Puget Sound Regional Transit Authority ("Sound Transit"), collectively referred to herein as the "Parties". RECIT ALS . ~HE~AS, The Ci~~ holds rights-of-w~( within the City in tn;~t for the benefit of the publIc, mcludmg South 316 Street between 21 Avenue South and 23 Avenue South, legally described in Exhibit A attached hereto and incorporated by reference ("Premises"); and WHEREAS, Sound Transit desires to use space in, on, or above the Premises for the installation and maintenance of certain improvements outside of the traveled roadway that include special stamped concrete pavement, trellis footings, landscaping, street light banners and benches ("Facilities") for use in connection with its construction and operation of a transit center located at NOW THEREFORE, in consideration of their mutual promises and covenants, the Parties agree as follows: 1. Premises. City grants use to Sound Transit, on a non-exclusive basis and subject to the conditions and limitations herein, the Premises as legally described in attached Exhibit A. Sound Transit may locate its Facilities on the Premises in the manner as described specifically in the attached Exhibit B. Sound Transit may not add Facilities in addition to that shown on Exhibit B other than as may be approved in writing by the City. 2. Tenn ;md Temin;¡tion. Sound Transit understands and agrees that the pem1ission granted herein to occupy the Premises is wholly of a temporary nature, vests no pemanent rights whatsoever, and that upon thirty (30) days notice, or without notice in case such use or occupation or such Facilities shall become dangerous, insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of the FWCC, building pennit #03-1 02584-000-00-CO or this Agreement, the Agreement may be terminated and the Facilities ordered removed. Page I 3. Pemlitted ¡ Ise of Premises. 3.1. Sound Transit may use the Premises solely for the installation, operation, and maintenance of its Facilities specifically described in Exhibit B and approved by building pemlit #03-1 02584-000-00-CO. 3.2 Sound Transit shall not use the Premises in any way that interferes with the use of the Premises by City, lessees, licensees or other entities authorized by the City. 3.3. Sound Transit shall remove the Facilities from the Premises upon tennination of the Agreement. Upon removal of the Facilities, Sound Transit shall restore the affected area of the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be perfonned by Sound Transit shall be borne by Sound Transit. If however, Sound Transit requests pennission not to remove all or a portion of the improvements, and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Sound Transit shall be relieved of its duty to otherwise remove same. 3.4. The City reserves the right to regulate, use, occupy and enjoy its right-of-way property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the right-of-way, or developing, improving, repairing or altering the right-of-way. Upon the City's demand and at the Sound Transit's sole cost and expense, Sound Transit shall remove and/or maint¡lÍn the Facilities pursuant to the City's instructions and within the reasonable time period prescribed by the City. 4. Restoration. In the event that Sound Transit causes damage of any kind during the course of installing, operating or maintaining the Facilities, including damage to the right-of-way caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Sound Transit shall repair the damage and restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the right-of-way shall be to a condition that in the judgment of the City is equivalent to the condition of the right-of-way prior to commencing the installation, operation or maintenance of the Facilities.. Whenever part of a square or slab or existing concrete sidewalk or d¡iveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. I)agc '2 5. Maintenance. Sound Transit shall, at its own expense, maintain the Facilities in a safe condition and in good repair. Additionally, Sound Transit shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Sound Transit shaH have sole responsibility for the maintenance, repair, and security of its Facilities, and shall keep the same in good repair and condition during the Agreement tenn. 6. Compliance with Laws. Sound Transit's use of the Premises is subject to its obtaining all certificates, pennits, zoning, and other approvals that may be required by any federal, state or local authority. Sound Transit shall erect, maintain and operate its Facilities in accordance with applicable site standards, statutes, ordinances, rules and regulations issued by the City, federal or state government or any other governing bodies. Sound Transit acknowledges that all aspects of this Agreement are consistent with existing Washington State statutes and the City Code, and to the best of its knowledge, this Agreement is consistent with all other applicable federal, state and local laws. In addition, Sound Transit specifically acknowledges that the Premises are located in right-of- way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to penn it, franchise or regulate usage of rights-of-way pursuant to its lawful authority. 7. Agreement Subject to Future Ordinances. Sound Transit acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Sound Transit's Facilities and activities hereunder as if they were in effect at the time this Agreement was executed by the City, and Sound Transit covenants and agrees to be bound by same; provided, however, that Sound Transit shall not be bound by new laws where its rights have previously vested by operation of law. 8. Indemnity. 8.1. Disclaimer of Liability: Except for the sole negligence or willful misconduct of the City, its employees or agents, the City shall not, at any time,.be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Sound Transit's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Sound Transit's Facilities and Sound Transit expressly assumes all such risk. 8.2. Indemnification and Hold Hannless: Sound Transit shall, at its sole cost and expense, indemnify and hold harn1less City and its officers, boards, commissions, employees, agents, attorneys and contractors from and against any and all liability, damages and claims (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and. consultants), which may be asserted by reason of any act or omission of Sound Transit, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Sound Transit's Facilities except for the sole negligence or willful misconduct of the City and its officers, boards, commissions, employees, agents, attorneys and contractors. Page :1 8.3. Defense of C':ity: When under the terms of this Agreement Sound Transit is required to defend the City against any action or proceeding brought against the City, Sound Transit shall, at Sound Transit's sole cost and expense, resist and defend the same provided, however, that Sound Transit shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Sound Transit and participating in the defense of any litigation with City's own counsel. Sound Transit shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorneys' fees and shall also include the reasonable value of any services rendered by the City Attorney's office, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 8.4. SlIrviv::J 1. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Insllr::Jnce: During the term of this Agreement, Sound Transit shaII maintain in full force and effect and at its sole cost and expense, and listing the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of \I1surance: 9.1. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. 9.2. Comprehensive automobile liability insurance with combined single minimum limits of Two Million DolIars ($2,000,000) per occurrence and Five MilIion DolIars ($5,000,000) in the annual aggregate. 9.3. required by law. Worker's compensation \I1surance and such other \I1surance as may be 9.4. Fviòenœ of Insllf::Jnœ: Certificates of insurance for each insurance policy required by this Agreement shall be filed and maintained with City prior to commencement of the term of this Agreement and thereafter. . 9.5. C':::Jne,ell::Jtion of Poli(',ies of Tnsllf::Jnœ: AII insurance policies maintained pursuant to this Agreement shaII contain the folIowing or substantialIy similar endorsement: "At least sixty (60) days prior written notice shaII be given to City by the insurer of any intention not to renew such policy or to cancel, replace or reduce coverage regarding the Premises, such notice to be given by registered mail." 9.6. Deòlldihles: All insurance policies may be written with commercially reasonable deductibles. )agc I 9.7. I icense: All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating of ^ (IV) or better. unless waived by the City. 10. Accept;:mce of Prcmises.. Sound Transit accepts the Premises in the condition existing as of the date of this Agreement. City makes no representation with respect to the condition of the Premises and City shall not be liable for any defect in the Premises. II. Iax.cs. Sound Transit shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the ten11 of this Agreement attributable to the Facilities or Sound Transit's use of the Premises. 12. Conciemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Agreement shall tenninate as of the date title to the Premises vests in the condemning authority. Sound Transit shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Sound Transit hereby expressly waives any right or claim to any portion thereof. However, Sound Transit shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Sound Transit. 13. Danr;erolls Conciitions' Allthority for City to Ahate. Whenever construction, installation, or excavation of Facilities authorized by this Agreement has caused or contributed to a condition which impairs the lateral support of the adjoining public way, street or public place, or endangers the public, street utilities or City-owned property, the Public Works Director may direct the Sound Transit, at the Sound Transit's own expense, to take reasonable action to protect the public, adjacent public places, City-owned property, streets, utilities and public ways. Such action may include compliance within a prescribed time. In the event that the Sound Transit fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the Premises and take such actions as are reasonably necessary to protect the public, the adjacent streets, public ways and utilities, to maintain the lateral support thereof, or other actions regarded as necessary safety precautions; and the Sound Transit shall be liable to the City for the costs thereof. The provisions of this Section shall survive the expiration, revocation or ten11ination of this Agreement. 14. Cîeneral Provisions. 14.1. Entire AfJeement This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purposc. 14.2. Modifu:ation No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. P;lgC .i¡ 14.3. FiliI Force ;:¡nn Pffect Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 14.4. AssiEnmen1. Sound Transit may not assign this Agreement nor transfer occupancy of the Premises or operation and ownership of the Facilities, in whole or in part, without the prior written consent of the City. 14.5. SIIC,Cessors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 14.6. Attorney Fees. In the event either of the Parties defaults on the performance of any tenns of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 14.7. No W;:¡iver. Failure or delay of the City to declare any breach or default immediately upon OCCUITence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 14.8. lToverninE f ,;:¡W. This Agreement shall be made in and shall be construed in accordance with the laws of the State of Washington. 14.9. Allthority. City and Sound Transit respectively represent that their signatory is duly authorized and has full right, power and authority to execute this Agreement. 14.10. Notices. Any notices required to be given by the Parties shall be delivered a the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14.11. C;:¡ptions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modi fy or otherwise affect any of the provisions of this Agreement. 14.12. Perform;:¡nce. Time is of the essence of this Agreement and each and all of its provisions in which perfonnance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's perfonnance of this Agreement. 14.13. Remedies Cllmlll;:¡tive. Any remedies provided for under the tern1S of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Page (; 14.14. Díspllte Resolution. Disputes under this agreement will be resolved through the process established in Section IV of the Agreement Between Central Puget Sound Regional Transit Authority And The City Of Federal Way For Development Of A Transit Center, Parking Structure And Freeway Access (.July 9,2001). Page 7 This Agreement was executed as ofthc date first sct for1h abovc. CITY OF FEDERAL WAY CENTRAL PUGET SOUND TRANSIT AUTHORITY REGIONAL By: By: Its: Title: Address: Address: ATTEST: This - day of ,2004 ATTEST: This - day of --' 2004 City Clerk, City of Federal Way Title: APPROVED AS TO FORM FOR CITY OF FEDERAL WAY: APPROVED AS TO FORM FOR SOUND TRANSIT: Patricia A. Richardson City Attorney Its: K:\..<;ound Transit\Rlglll of Way Use Agreelllent 091503 )agc X STATE OF \V ASIIiNGTON ) ) ss. ) COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and fèJr the State of Washington, duly commissioned and sworn, David II. Moseley, to me known to be the City Manager of the City of Fcderal Way, a Washington municipal cOIvoration, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to he the free and voluntary act and deed of said municipal coq10ration, for the uses and pllfvoses therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this -~- day of- ,2004. (notary signature) -- . ~----- (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires:- STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, , to me known to be the of ----~- --~, a .-' which executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of , for the uses and puq)oses therein mentioned, and on oath stated that he was authorized to execute the said instnlment. Given under my hand and official seal this ~-- day of ------' 2004. (notary signature) - ---- ----- (typed/printed name of notary) Notary Public in and tar the State ofWashingtol1 My commission expires:~- I';l~l' <J "'XIlIBIT .\ U:(;/\L DESCRIPTION Page I () SIDEWALK AND STREET TREE IMPR0VÐ.4ENTS PER CITY STANDARDS STREET TREE IN GRATE PER CITY STANDARDS 316TH ST. 3= 0 -.J W m W w (/) I VJ w w> ~« :::Jf- f-ln :::J~ l.J...C'-J . . ~-. .'... 'I!iflr'. ,,:,!:;\:: . . (~) A.S. 4" ';~.~.'.~g~;.....: . . .' ~t't.> . <!f: ø w Z -.J I U f- « 2 w > 0 m « w w (/) I I lYPE III lANSCAPE BUFFER PER CITY OF FEDERAL WAY lANDSCAPE ORDINANCE BENCHES AND LITTER RECEPTACLE. lYP. 316TH ST. N VJ :;0 0 ~ fT1 VJ . . .,~ NOTE íO BE DESIGNED BY SOUND TRANSIT AND FABRICATED BY CONTRACTOR STREET LIGHT BANNER NTS u ~ .~~.... CITY OF'%#!;/~ '"""'!!II!I!IiJij;:r;;,~"øi4l" Federal Way MEMORANDUM TO: City Council Land Use and Transportation Committee FROM: Kathy McClung, Director of Community' Development Services ~ Lori Michaelson, AICP, Senior ~lann~ David H. Moseley, City Mana~ ~ January 12,2004 VIA: DATE: SUBJECT: Proposed Agreement between the City and Puget Sound Regional Transit Authority pertaining to future Transit Oriented Development (TOD) opportunities on Transit Center site. I. BACKGROUND The attached proposed Agreement has been prepared by City staff, in conjunction with Sound Transit, in order to provide opportunities for future "transit oriented development" (TOD) on the transit center site, and within certain timeframes related to occupancy of the completed transit center. The Agreement was contemplated in a previously approved Agreement between the parties 1 (A G #01-99, attached, along with the legislative record approving the agreement), wherein Sound Transit voluntarily agreed (among other things) to design the transit center project and work cooperatively with the City to allow future TOD opportunities on the site, consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City of Federal Way. lThe July 9,2001 Agreement between the City and Sound Transit (AG #01-99, attached) established the intent of the Parties to provide future TOO opportunities on the site. In addition it addressed on and off-site transportation improvements, stormwater management, project design, and mitigation of project impacts related to the transit center project. 3) The proposed Agreement establishes a process to obtain a TOD developer(s); clarifies the responsibilities of the Parties in this effort; and provides contingencies in the event a developer(s) is not found or a project is not initiated within certain timeframes. The Agreement also addresses TOD-related landscaping and pedestrian amenities. The overall transit center project site includes approximately 6.9 acres. Two separate areas within the overall site have been set asíde for future transit oriented -- development (TOD). These areas are identified and delineated in the Agreement and also reflected in the transit center building pennit, currently under review by City staff. These include an approximate 30,800 square foot (SF) area, described in the Agreement as the "East TOD Property", and an approximate 21,700 SF area described as the "West TOD Property." Collectively the two areas are referred to in the Agreement as "the TOD Properties." II. KEY POINTS IN AGREEMENT 1) Definition of TOD A definition of "transit oriented development" (TOD) is provided in the Agreement and TOD proposals will be reviewed for consistency. The definition allows for a variety of uses, such as retail, office, service, residential, and other code-pennitted uses that create an "active, functional and aesthetic pedestrian streetscape for purposes of separating the design and function of a parking structure from the public right-of-way and pedestrian areas," and may support transit center patrons and/or the larger City Center consumer base. 2) rOD Development Opportunities a. The Agreement provides that Sound Transit will utilize it's best efforts, in consultation with the City, to obtain a qualified developer(s) who agrees to develop the TOD Properties within five (years) of occupancy. b. If Sound Transit's good faith efforts are not successful, Sound Transit will issue a Request for Proposals (RFP) at least twelve (12) months prior to anticipated occupancy of the transit center, at it's sole expense and in consultation with City; and the City may manage the RFP upon request to Sound Transit. Conveyance ofTOD Properties to City a. If a TOD developer(s) is not found within eighteen (18 months) of occupancy, or a developer is on board but construction has not commenced within five years of occupancy, Sound Transit will convey the "West TOD Property" to the City, and the City may exercise an option to purchase the "East TOO Property." Sound Transit will retain permanent utility, access, and signage easements over, across, and through properties conveyed to the City, and/or purchased by City, and the purchase price for the east TOD is established as Sound Transit's original purchase price less the value of the easements. No conveyance shall be required prior to eighteen (18) months after occupancy. 4) Landscaping of TOD Properties Exhibit "A" to the Agreement describes the landscaping that must be provided on the TOD Properties concurrent with occupancy of the transit center/parking structure. This can be considered "interim" landscaping of the TOD Properties, pending their future development. The intent of the interim landscaping is to maintain project aesthetics and site safety by providing visual relief while maintaining clear sight lines across the site. Exhibit "B" describes the "permanent" landscaping and pedestrian amenities which must ultimately be provided within the TOD Properties concurrent with TOD development or, absent such development, it shall be installed by Sound Transit no later than five years after occupancy, plus three months to allow for submittal and review of the landscape plan. The permanent landscaping will provide additional trees, shrubs, and pedestrian amenities. III. SUMMARY AND RECOMMENDATION As noted àbove, the proposed TOO Agreement is consistent with the policies and regulations of Sound Transit, the Federal Transit Administration, and the City of Federal Way. In particular, the Agreement will promote a number of Federal Way Comprehensive Plan (FWCP) goals and policies for future urban-scale development and densities in the City Center. The TOD Agreement was also contemplated in a previous 200 1 Agreement between the parties (AG #01-99, attached) and in the City's recent approval of the Federal Way Transit Center. Staff recommends that the City Council authorize the Agreement to provide for future TOO opportunities on the Transit Center site. APPROVAL OF COMMITTEE REPORT: Jack Dovey,Chair M ichael~a rk,Mem ber Eric Faison/Member Attachments: Transit Oriented Development Agreement 2001 lnterlocal Agreement (AG #01-99) and legislative record approving the Agreement PROPOSED AGREEMENT BETWEEN THE CITY AND PUGET SOUND REGIONAL TRANSIT AUTHORITY PERTAINING TO FUTURE TRANSIT ORIENTED DEVELOPMENT OPPORTUNITIES ON THE TRANSIT CENTER SITE @£9JIJ" AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR FUTURE DEVELOPMENT OF TRANSIT ORIENTED DEVELOPMENT AT THE FEDERAL WAY TRANSIT CENTER THIS AGREEMENT is made and entered into this day of , 2003 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit") and the CITY OF FEDERAL WAY ("City"), a municipal corporation, (hereinafter collectively, the "Parties"), regarding the development of a transit center project ("Project"). RECIT ALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW 39.33.050; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns; and WHEREAS, the Parties have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers and under RCW 39.33 to dispose of real property; and WHEREAS, central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express bus/high occupancy vehicle systems that will be integrated with local transit systems; and WHEREAS, on November 26, 2002, Sound Transit submitted a master land use application for development of the Federal Way Transit Center, an Essential Public Facility/Class 1, which includes a transit platfoml with up to 14 bus bays and bus layover Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) areas, a parking garage for up to 1,200 stalls on up to five levels, a pedestrian bridge, passenger amenities, roadway improvements, landscaping and public art, application number 02-105-346, hereafter the "Project".; and WHEREAS, the Project is located in the City on approximately seven acres of property at the southwest comer of South 316th Street and 23rd Avenue South and legally described in Exhibit "A", attached and incorporated herein; and WHEREAS, on December 23, 2002, the City deemed the Project application complete pursuant to Federal Way City Code ("FWCC" or "City Code") 22-434; and WHEREAS, on September 26, 2001, a NEPA Environmental Assessment ("EA") was issued for the Project and Sound Transit, as the lead agency, adopted the EA and issued a Detennination of Nonsignificance ("DNS") on March 6, 2002, and this detennination was subsequently upheld on appeal by the King County Superior Court on March 17, 2003; and WHEREAS, the City approved the Project in a final decision issued by the Federal Way City Council on November 18, 2003 as indicated in Resolution No. 03-404; and WHEREAS, pursuant to FWCC 22-1, the Project is classified as an Essential Public Facility/Class I (regional transportation facility/transit center) and is, therefore, subject to the review criteria described in FWCC 22-946.1 (b) and is not subject to the specific regulations described in the underlying City Center-Core zone; and WHEREAS, Sound Transit and the City executed an agreement on July 9, 2001 as filed with the City under AG 01-99, whereby Sound Transit agreed, in part, to voluntarily design the Project to provide an opportunity for transit oriented development ("TOO") consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City; and WHEREAS, the Sound Transit Board of Directors has adopted TOO policies with Motions No. 98-25 and M99-60, encouraging the development of transit supportive development at transit hubs; and WHEREAS, consistent with its voluntary commitment to provide future TOO development opportunities, Sound Transit identified "potential future transit oriented development" areas on the Project site plan; and WHEREAS, the Parties desire to clarify their respective commitments for future TOD adjacent to the Project site by this Agreement and acknowledge that any future TOO that may occur adjacent to the Project site will bc evaluated separately from the Project application process for appropriate pennits and environmental review under the State Environmental Policy Act and is not a part of the current review process for the Project. Sound Transit I City of Federal Way MO^ Federal Way Transit Center / Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 2 NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: 1.0 1.1 1.2 1.3 1.4 2.0 2.1 AGREEMENT DEFINITIONS Transit Oriented Development ("TOD"): In the context of this Agreement, the tenD TOD represents those uses consistent with requirements of FWCC 22-1634 through 22-1637, 22-1638(c), and 22-1639, for ground floor activities along street frontages associated with the Project and Sound Transit's TOD policies as provided in Sound Transit Board Motions 98-25 and M99-60. Such activities may include but are not limited to retail, office, service and other allowed uses that create an active, functional and aesthetic pedestrian streetscape for purposes of separating the design and function of a parking structure from the public right- of-way and related pedestrian areas. TOD activities contemplated by City Code may also be intended for use by a larger city center consumer base. East TOD Property: That area as depicted on Exhibit "B" consisting of approximately 30,834 square feet and intended for future TOD uses. West TOD Property: That area as depicted on Exhibit "B" consisting of approximately 20,669 square feet and intended for future TOD uses. TOD Properties: Refers to the East and West TaD Property collectively. TOD DEVELOPMENT RESPONSIBILITIES Procedures A. Sound Transit shall design and construct the Project consistent with the final plans and approvals issued by the City to allow development of future TOD opportunities on the TOD Properties and pursuant to applicable City Code requirements. B. Subsequent to issuance of a final decision approving the Project with tenDS and conditions acceptable to Sound Transit, Sound Transit shall exert its best efforts, in consultation with the City, to obtain a qualified developer(s) who will agree to develop the TaD Properties within five (5) years of occupancy of the Project, consistent with Sound Transit's adopted policies for TOD development. In the event that Sound Transit detennines, in its sole judgement, that a qualified TOD developer cannot be obtained Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 3 2.2 through these good faith efforts, Sound Transit shall prepare and issue a Request For Proposals ("RFP"), at its sole expense and in consultation with the City, for development of the TOD Properties consistent with all applicable federal, state and local policies and regulations and at least twelve (12) months prior to the anticipated occupancy of the Project. c. Sound Transit shall, within eighteen months of issuance of the Certificate of Occupancy for the Project, (1) secure a cómmitment from a qualified -- developer, who will agree to develop the TOD Properties within five (5) years of occupancy of the Project; or (2) convey the TOD Properties pursuant to Section 1.2 of this Agreement. If requested by Sound Transit, the City shall serve as lead agency for purposes of managing the RFP process. D. In conjunction with construction of the Project, Sound Transit shall design and construct utilities and pedestrian connections within the Project property in such a manner so as to allow future utility and pedestrian connections to the TOD Properties consistent with the final plans as approved by the City. E. In conjunction with the construction of the Project, Sound Transit shall prepare and submit a landscape plan for the TOD Properties consistent with Project Landscape Standards attached as Exhibit "C". In the event that Sound Transit is not able to secure a commitment from a qualified developer for the TOO Properties within eighteen (18) months of issuance of the Certificate of Occupancy for the Project, or in the event the developer does not commence construction on the TOD Property within five (5) years of occupancy pursuant to Sections 2.2 A or B, Sound Transit shall prepare and submit within twenty-one (21) months of issuance of the Certificate of Occupancy, or within sixty-three (63) months of occupancy in the event the developer does not commence construction, a landscape plan for the TOD Properties consistent with the TOD Properties Landscape Standards attached as Exhibit "0" and incorporated by reference herein. The City shall review and approve the landscape plans expeditiously and Sound Transit shall implement the approved landscape plan pursuant to City Code as provided in the final approval issued by the City by installing the approved landscaping and improvements within 45 days of City approval, or some other timeframe as mutually agreed between the Parties. Conveyance of TOO Properties A. West TOO property Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sollnd Transit\TOD Agreement 12.08.03 (final) 4 In the event that Sound Transit is not able to secure a commitment from a quahfied developer within eighteen (18) months of issuance of the Certificate of Occupancy for the Project, who will agree to develop the West TOD Property within five (5) years of occupancy of the Project, on tenus and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the West TOD Property within five (5) years of occ!lpancy of the Project, Sound Transit shall convey the West TOD Property to the City consistent with all -- applicable federal, state, and local policies and regulations for such conveyances, the tenus of this Agreement, and for valuable consideration in the fonu of the City's assurance that any future development of the West TaD Property will be consistent with the definition of TOD in this Agreement. Sound Transit shall retain penuanent utility, access, and signage easements over across and through the West TOD Property as necessary for Sound Transit's continued use and enjoyment of the Project property. B. East TaD Property In the event that Sound Transit detenuines within eighteen (18) months of issuance of the Certificate of Occupancy for the Project that it is not able to secure a commitment from a qualified developer, who will agree to develop the East TOD Property within five (5) years of occupancy of the Project on tenus and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TaD on the East TOD Property within five (5) years of occupancy of the Project, Sound Transit shall provide the City with written notification of its detenuination and the City may, in its sole discretion and within ninety (90) days of such written notification from Sound Transit, exercise an option to purchase the East TOD Property consistent with all applicable federal, state, and local policies and regulations for such conveyances, the tenus of this Agreement, and for valuable consideration in the fonu of the City's assurance that any future development of the East TOD Property will be consistent with the definition of TOD in this Agreement and payment by the City to Sound Transit in the amount of Sound Transit's original purchase price, less value of penuanent utility, access, and signage easements over, across and through the East TaD Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determined by the Parties. c. The Parties agree that any development that is allowed to occur on the TaD Properties shall be consistent with the definition of TaD as described in this Agreement and will assure that any conveyances shall be made subject to this requirement. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 5 D. Notwithstanding any other section of this Agreement, the Parties agree that Sound Transit shall not be required to convey the TOO Properties to the City until eighteen (18) months after the Certificate of Occupancy has been issued by the City for the Project. 2.3 Additional Agreements The Parties agree to make every reasonable effort to cooperate in good faith with each other to negotiate and execute such additional agreements as may be necessary to complete the TOO Property conveyances described in this Agreement. 3.0 LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in perfonning work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer or employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit ham1less therefrom; Sound Transit shall be solely responsible for any claims for wages or compensation by Sound Transit employees, agents, and representatives, including consultants, and save and hold the City hannless therefrom. To the maximum extent penllitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by the City under this Agrcement, and for any failure to satisfy the City's contractual obligations under this Agreement, except to thc extent caused by the negligence of Sound Transit. The City further agrecs to assume the defense of Sound Transit and its officers, oftìcials, and Sound Transit / City of Federal Way MO^ Federal Way Transit Center / Parking Structure K:\Solind Transit\TOD Agreement 12.08.03 (final) 6 employees, with legal counsel acceptable to Sound Transit, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subjecJ to the approval of Sound. Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY W AlVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent pennitted by law, Sound Transit agrees to indemnify and hold hannless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be perforn1ed by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the City. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall he allowed to the prcvailing party. SOUND TRANSIT'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN Sound Transit! City 01 Federal Way MO^ Federal Way Transit Center ! Parking Structure K:\Sound Transit\TOD Agrccmcnt 12.08.03 (final) 7 EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLÀIM. 4.0 4.1 DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. A. The Designated Representatives, as identified in this Agreement, shall communicate regularly to discuss the status of the task to be performed and to resolve any issues or disputes related to the successful perfonnance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. B. Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days of receiving the written notice in an attempt to resolve the dispute. C. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Director of Community Development Services or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager or designee shall meet and engage in good faith negotiations to resolve the dispute. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. Sound Transit I City of Federal Way MOA Fcdcral Way Transit Ccntcr I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 8 5.0 MISCELLANEOUS PROVISION 5.1 Termination Unless extended by mutual written agreement, this Agreement shall tenninate upon satisfactory completion of all the responsibilities describe.d- in this Agreement, or upon -- conveyance of the TaD Properties as described in this Agreement, whichever shall occur last. 5.2 Notice All notices or requests required or pennitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confinnation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: Phone: Fax: City of Federal Way Attn: Kathy McClung, Director of Community Development Services 33530 First Way South Federal Way, W A 98003-6221 (253) 661-4107 (253) 661-4129 . To the City: Address: To Sound Transit: Sound Transit Attn: Dan Eder, Project Manager 401 S. Jackson Street Seattle, W A 98104-2826 (206) 398-5024 (206) 398-5215 Address: Phone: Fax: Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representative. 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 12.08.03 (final) 9 to a bank, trust company, or other financial institution without such approval. Notice of any such assignment of claims for money due or to become due to the City shall be furnished promptly to Sound Transit. 5.4 Recording This Agreement shall be recorded with the Real Property Records Division of the King.. County Records and Elections Department and shall be binding and inure to the benefit of the parties and their successors in interest. . 5.5 Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.6 Severability If any of the tenns or provisions of this Agreement are detennined to be invalid, such invalid tenn or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid tenn or provision were not contained herein. 5.7 Warranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Agreement has authority to bind such person's respective entity. 5.8 Exhibits All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent otherwise provided herein. 5.9 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced herein. Sound Transit I City of Fcdcral Way MOA Fcdcral Way Transit Ccntcr I Parkll1g Structure K:\Sollnd Transit\TOD Agreement 12.08.03 (final) 10 CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT") Name Title Date Approved as to fonn: Sound Transit Legal Counsel Sound Transit I City of Fcdcral Way MO^ Fcdcral Way Transit Ccntcr I Parking Structurc K:\Sound Transit\TOD Agreement 12.08.03 (final) CITY OF FEDERAL WAY: David H. Moseley, City Manager Date Attest: N. Christine Green, CMC Approved as to fonn: City Attorney, Patricia A. Richardson 11 Exhibit A Existing Parcel Legal Description: KING COUNTY SHORT PLAT 1802027 Tax Parcel No. 092104-9021 Lot 1 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. Tax Parcel No. 092104-9057 Lot 2 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. KING COUNTY SHORT PLAT 480019R Tax Parcel No. 92104-9176 Lot 2 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way, for road, by deed recorded under Recording No. 20001215001690. Except that portion conveyed to the City of Federal Way, a Washington Municipal Corporation, under statutory warranty deed recorded December 18, 2002, under Recording No. 20021218002306. Tax Parcel No. 092104-9298 Lot 3 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way by deeded recorded under Recording No. 20010323001260. Tax Parcel No. 092104-9299 Lot A of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington. Except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20000807001155. Also except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20020724000972. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) ( 1 ~ ....... .~ ~ .~ ~ ~ ~ '_..~ ! š r I 1 'I 'ì '~'-.. ,".'~ . , , . , . L, . "1 r-, I' ¡ 1-'1 : r , r I , Ij : I..: I :1" I ; : ' f;> ",J I ----, . JJ: t;jO Z "/ 'U: ¡ C'O 0 ¡:'I.¡, ',-- I I}' ~f-<¡:: --: I: Q., " 1 I I ; , : ~,: ! '; ¡ ,~~=..=,:",,-==--,--l J"," I -F:'-'-'-"",~- -=.=:~-,.".,,-=-.. --/""1,.:"'" - ~~ ~. :~:=: Id~:l :, i I l !~ ¡, ITJ I 'I i m I ! i J j ~ i ~ I . I , f I, . : ~ : I ' : ~ I...~ ; : 1\: I : ~' ¡ t, ;-L! - I "'~,'"',,,, .'1--------"'--------::."""""""'" -- fo')....'-'-'~'."~- -j'j L j:J I ¡ - . 1 ""'.-=J..H I I. .. "'I' ~~ P . ".r-..! ~ 1 . I,i-,','. ~o ~ " /' ¡" I "'-~: I '. h 0 ¡::.., IL' ; ~ ¡.... e ':' Q., I;' 1, -'=::>'" .. - .. ;;;---.1 ~ ~;=,; a 'è" "e -- '" I -rr=--J..l-- . '. : V1OY9r/ : ~ ?"'~7-- -- - - -------- .. - -=... '!..~';~- ---;.~ ,I ,-~ ¡ .Ji/ : ~ , ! ,. 1 I: $.'.'- ... VI ~ Ii fa .. ' §~~ ;/!. .~ ~~! ì'3~ :! ~r'- '~ , :':""",1 !;OC' , !'/!I';~ ~i'~'a ,15. ,¡ iB .. ~,i ~I ,~;j II ~, .51 , . 1 1 J .. -1- r t ' I, Exhibit C Project Landscape Standards INTRODUCTION The Project is located at the southwest comer of South 316th Street and 23Td Avenue South, and is approximately 6.9 acres in size. The Project will include up to 14 bus bays, H up to 1,200 stalls, bus layover areas, passenger boarding areas, operator restrooms and public restrooms, street improvements, and public art. DESIGN INTENT Context-sensitive landscaping is used throughout the project. Planting beds and landscape planters appropriate to screen facades and to delineate and enhance pedestrian areas are used around the foundation of the garage, sidewalks, plazas, and transit center areas, while an "open area" planting scheme is used in future TOD Property. PEDESTRIAN SCALE LANDSCAPING The sidewalks and plazas surrounding and adjacent to the Project combine to provide a linear theme of movement throughout the Project. Sidewalks along the east-west and north-south axes of the Project and along South 316th Street are delineated by distinct paving and scoring, and connect to plazas containing seating, scored and colored concrete, lighting, trash receptacles, bicycle racks, public art elements, and plantings. These features combine to create an organized, safe, and attractive sequence of pedestrian linkages and amenities throughout the Project. Sidewalks and plazas will be accented with pedestrian-scale landscaping typical to urban pedestrian areas, including architectural landscape planters, and structured, ornamental trees and shrubs that preserve sight lines into pedestrian areas. FACADE SCREENING Planting areas on the east and west facades of the parking structure are designed to meet Federal Way City Code (FWCC) Sec. 22-1565(c), Type III "visual buffer" landscape requirements, and include a variety of evergreen and deciduous trees interspersed with large shrubs and groundcover sufficient to soften the appearance of building elevations. FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The landscaping design for the TOD Properties is intended to be passive in character. Interim landscaping in the TaD Properties will provide visual relief and shading while maintaining clear sight lines across the site. Sod will be provided throughout the TaD Propeliies and will be punctuated by deciduous trees at one tree per 3,500 square feet (a total of 15 trees) to create a passive, yet enjoyable, experience for both transit patrons and pedestrians. The interim landscaping will not be pennanently irrigated; instead, Sound Transit will utilize temporary irrigation methods to properly maintain the sod and trees. Sound Transit / City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transít\TOD Agreement 11.20.03 (final) Exhibit D TOD Properties Landscape Standards FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The TOD Properties will be designed to meet the City's "Open Area" landscapingp requirements and provide an interim, infonnal "park like" setting for the use and enjoyment of transit center patrons and the public. Landscaping in the TOD Properties will provide visual relief and shading while maintaining clear sight lines across the site. The TOD Properties shall provide full expanses of lawn punctuated with plantings with no unfinished areas. The East TOD Property shall include a total of 20 trees (including 9 previously installed) surrounded by compact shrubs, and pedestrian amenities including two benches placed at appropriate locations in relationship to other site improvements and with pedestrian linkage between benches and adjacent pedestrian areas. The West TaD Property shall include 10 trees (including 6 previously installed) surrounded by compact shrubs. All lawn areas will be irrigated, but xeriscape techniques are encouraged and trees and shrubs may be grouped to minimize irrigation while maintaining the landscape intent. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure K:\Sound Transit\TOD Agreement 11.20.03 (final) JULY, 2001 AGREEMENT (AG #01-99) BETWEEN THE CITY AND PUGET SOUND REGIONAL TRANSIT AUTHORITY FOR DEVELOPMENT OF A TRANSIT CETNER, PARKING STRUCTURE AND FREEWAY ACCESS; AND LEGISLATIVE RECORD APPROVING THE AGREEMENT ~~ ""\.~ AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR DEVELOPMENT OF A TRANSIT CENTER, PARKING STRUCTURE AND FREEWAY ACCESS THIS AGREEMENT is made and entered into this day of ,2001 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), 401 S. Jackson Street, Seattle, Washington 98104 and the CITY OF FEDERAL WAY, ("City"), a municipal corporation, hereinafter collectively, the. "Parties", regarding the development of a transit center, parking structure and fTeeway access. RECITALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high capacity transportation system and has the power to contract pursuant to RCW 39.33.050; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers necessary to supply municipal services commonly or conveniently rendered by cities and towns, and the City maintains a system of streets within its corporation boundaries; and WHEREAS, Sound Transit and the City have authority under RCW 39.34 to enter into an interlocal agreement to jointly and cooperatively exercise their powers; and WHEREAS, the central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan and such plan includes light rail, commuter rail, and regional express bus/high occupancy vehicle ("HOY") system that will be integrated with local transit systems; and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure ORt G\NAL WHEREAS, Sound Move includes four projects in the City of Federal Way area: Federal Way Transit Center, Star Lake and Other Federal Way Park and Ride, 1-5 @320th, and 1- 5 @272nd Projects; and WHEREAS, Sound Transit Board of Directors, under Motion No. 2000-77 authorized renaming the Federal Way Transit Center Project the Federal Way Transit Center / Parking Structure Project, authorized re-allocation ofbudgeUÌom the 1-5 @320th, 1-5 @272nd and Star Lake / Other Federal Way Park-and-Ride Projects to the Federal Way Transit Center / Parking Structure Project, and established a new project budget of 30.6 Million Dollars; and WHEREAS, Sound Transit has been working closely with the City of Federal Way, City of Kent, the Washington State Department of Tran§portation and King County on the preliminary design and alternative evaluation oÜhe projects, and has selected a staff preferred alternative which includes a transit center and a 1200-stall parking structure at the southwest comer of S. 316th Street and 23rd Avenue S., and a direct access ramp at S. 317th Street; and WHEREAS, Sound Transit has prepared a preliminary Environmental Assessment documenting the environmental effects of the Federal Way Transit Center / Parking Structure and the 1-5 @320th, where the transit center and parking structure component will be referred to hereinafter as the "Project"; and WHEREAS, preliminary design infonnation and environmental data have been shared with the City and displayed in public meetings; and WHEREAS, the City has expressed its support of the preliminary design for the Project; and. WHEREAS, the Sound Transit Board of Directors has adopted a Transit Oriented Development Policy with Motion No. 98-25, encouraging the development of transit supportive development at transit hubs; and WHEREAS, the City is willing to allow the use of a certain regional detention pond downstream of the Project site for the Project's stonnwater detention purpose in exchange for Sound Transit's attempts to preserve space within the Project site for a future transit- oriented development; and WHEREAS, the City is in the process of implementing a street improvement project on 23rd Avenue S. in the vicinity of the Project; and WHEREAS, accelerating a portion of the Project to coincide with the City's 23rd Avenue S. street improvements would be financially advantageous and minimize constmction impacts to the public, and Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 2 WHEREAS, Sound Transit is required to obtain various approvals ITom the City prior to constructing the Project; and WHEREAS, Sound Transit is required to obtain the approval ITom State and Federal agencies for constructing the Project; and WHEREAS, the City and Sound Transit wish to ensure adequate analysis ofthe potential environmental effects of the Project and the mitigation of any such effects, and wish to facilitate the future development of a transit-oriented development within and adjacent to the proposed transit center / parking structure if possible; and NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows; AGREEMENT I. SOUND TRANSIT RESPONSIBILITIES 1.1 Project Design 1.1.1 Transportation Improvements Sound Transit will include in the Project's design, and in the Environmental Assessment's project description, a description of required mitigation measures to include the following: A new traffic signal at the intersection of 23rd Avenue S. and S. 316th Street, to ensure adequate pedestrian access to the transit center and parking structure. A new traffic signal at the intersection of 23rd Avenue S. and S. 31 th Street, to ensure access and egress ITom the transit center and parking structure. 23rd Avenue S. ITontage improvements to the Project site between S. 316th Street and S. 320th Street related to the Project as required by the Federal Way City Code. A future asphalt overlay of S. 317 Street pavement east of 23rd Avenue S. to address accelerated pavement wear as the result of additional traffic from the Project. In the event that the transit center and parking structure are completed before the new ramps are connected to 1-5 at S. 31 ih Street, interim measures will be taken sufficient to mitigate impacts arising or resulting from operation of the transit center and parking structure in the absence of the ramps. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 3 1.1.2 Stonnwater Management Sound Transit will include in the Project's design and will construct a stonnwater treatment and detention system which meets the requirements of the Federal Way City Code (and the King County Surface Water Design Manual as incorporated therein), and which includes: (a) an on-site stonnwater treatment facility çapable of treating the runoff -- from the Project site and from the widening of that portion of 23rd Avenue S. draining to the Project site; and (b) an on-site underground stonnwater detention facility capable of detaining two-acre feet of runoff; (c) a conveyance system sufficient to transport runoff from the Project site in excess of two-acre feet, runoff from 23rd Avenue S. Project site, and runoff from any future transit-oriented development on the Project site to the City's stonnwater conveyance system downstream to the Project site. The on-site stonnwater treatment facility will not provide treatment capacity for runoff from a future transit oriented development. To the extent possible, the on-site stonnwater treatment and detention facility shall be sited in such a manner as to preserve sufficient space to enable future construction of a transit-oriented. development on land adjacent to 23rd Avenue S. between S. 317th and S. 316th Street. With respect to the stonnwater detention, treatment and conveyance facilities described in this Paragraph, Sound Transit agrees to indemnify and hold the City hanDless from any cost increases or damage claims of third parties pursuant to Section III of this Agreement. 1.1.3 Feasibility Analysis of Transit-Oriented Development ("TOD") / Agreement A. Sound Transit shall design the parking structure to include such ground-level retail and/or other transit-oriented development as consistent with and as required by the City Code. B. Sound Transit and the City will prepare and execute an agreement outlining a cooperative effort to identify an appropriate development that could be placed on the Project site and complements the transit center and parking structure. C. The agreement will also outline a potential approach whereby the Parties would identify a TOD developer and offer an opportunity to contract for developing a TOD consistent with Sound Transit Board, Federal Transit Administration ("FTA") and City policies and appropriate laws and regulations. D. The Parties agree that if Sound Transit enters an agreement with a TOD developer that requires the developer to make payment(s) for use of the property, the income will be divided between Sound Transit and the City in proportion to each respective agency's contribution or credit toward the TaD after deduction of any grant related repayment, if any. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 4 E. The Parties acknowledge that any TaD development at the property may be subject to FederalTransit Administration review and approval. 1.2 Environmental Review Sound Transit will respond to agency comments and submit the Environmental Assessment ("EA") to the FTA and Federal Highway Admi~istration requesting a Finding Of No Significant Impact ("FaNS I") for the Project. Sound Transit will adopt the EA for State Environmental Policy Act "SEP A" compliance. The City acknowledges that Sound Transit is currently the lead agency for the Project and that pursuant to WAC 197-11-600, there can only be one lead agency at a time or nominal lead agency for SEP A compliance per project. The City acknowledges that pursuant to WAC 197-11-600(4)(a), the City may not subsequently and independently adopt the EA. If the City is not $,~!isfiedthat,the EA and Sound Transit's adoption of the EA fully address the impacts(~fthe ProJ~~t..the P~ies acknowledge that the City retains all of its remedies as provided for ÍnW AC 197-11-600 including the right to assume lead agency status. 1.3 Design and Review Process Sound Transit will continue to collaborate with the City to complete design and contract documents for the Project. Specifically: A. Prior to any construction of the Project, Sound Transit will apply for and obtain all land use and building permits required by the City Code, and will build the Project in - accordance with the Code and any conditions of such land use and building pennits. B. Sound Transit will utilize existing preliminary design documents as the basis for final design, and will incorporate into the final design the design features identified through the design charette. Sound Transit will provide the City drafts of final design documents at key review stages, an opportunity to comment, and will incorporate revisions reasonably requested by the City for incorporation into the final design documents to the extent that such revision(s) do not adversely impact the Project budget or compromise essential elements of the design. Revisions required by federal, state, local laws and regulations (including the City Code) will be incorporated. C. Sound Transit will investigate and explore with the City the possibility of designing the parking garage to accommodate a building above the garage. The City would be responsible for additional environmental analyses, documentation and processes under NEP A and/or SEP A, and the subsequent design, permitting and construction at a later date. If the Parties mutually agree such a structure is feasible, and if the Parties enter into a separate agreement setting forth cost allocations, design and other Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 5 parameters, then Sound Transit will make appropriate revisions to design documents to accommodate a building above the parking garage. D. Any changes to design documents requested by reviewing agencies shall be subject to review and approval by the City. In no case will a project revision be made that conflicts with the Environmental Assessment or FONSI or the SEP A adoption without applicable revisions as may be required by law to !he Environmental Assessment or FONS! or SEP A adoption. 1.4 Cost Responsibility A. Sound Transit agrees to pay the City $569,000.00 to make improvements to 23rd Avenue S., including new traffic signals at S. 3l6th Street and S. 31 ih Street as well as frontage and capacity improvements between S. 316th Street and S. 320th Street. Of this amount, up to $69,000.00 is available for right-of-way acquisition, with the ultimate total to be detennined by Sound Transit based upon the per-square-foot value of the Project site paid by Sound Transit. The payment shall be due within 30 days upon receipt of properly submitted invoices based on work completed. B. Sound Transit agrees to pay the City $387,000.00 toward the City's cost of addressing the off-site impacts ofthe Project on congested intersections identified in Exhibit A. This payment shall be paid prior to and as a condition of issuance of the Project's building pennit approval. C. Sound Transit agrees to pay the City $60,000.00 toward the City's asphalt pavement overlay program for the Project's impact on the S. 3l7th Street pavement east of 23rd Avenue S. This payment shall be paid prior to and as a condition of issuance of the Project's building pennit approval. II. FEDERAL WAY RESPONSIBILITIES 2.1 Project Design 2.1.1 Transportation Improvements A. The City will undertake the design and construction of improvements to 23rd Avenue S. and S. 317th Street described in Section 1.1.1 that are being partially funded by the Project budget. The design will be coordinated with Sound Transit's consultant designing the Project's on-site improvements and the freeway ramps at S. 31 ih and I- S. All reasonable effort will be made to ensure that the construction of23rd Avenue S. improvements are coordinated with on-site construction and that the 23rd Avenue South construction is complete prior to the scheduled opening of the Project. Sound Transit / City or Federal Way MOA Federal Way Transit Center / Parking Structure 6 B. The City also agrees to undertake those improvements under Paragraph 1.4(B) and (C) above. C. Payments made under paragraph 1.4(B) are subject to RCW 82.02.020, which provides for voluntary agreements to fund improvements that mitigate direct project impacts. The City agrees to use its best efforts to complete the improvements identified in Exhibit A within 5 years, as specified in RCW 82.02.020. However, if the City is unable to do so, it will notify Sound Transit in writing prior to the expiration of 5 years and infonn Sound Transit of the City's anticipated implementation schedule and its reasons for delay. If the City cannot reasonably complete the improvements identified in Exhibit A within 5 years ofthe date of the City's receipt of the last payment as set forth in Paragraph 1.4 above, then pursuant to section 19-46 (b) (5) ofthe City Code, Sound Transit waives and releases its rights to receive a refund of fees paid or interest thereon that it might otherwise may be entitled to claim under RCW 82~02.020; provided, however, that such improvements are constructed by 2010. 2.1.2 Stonnwater Management / Transit Oriented Development A. The City will make its regional detention system available to the Project, without cost to Sound Transit, for detention of runoff in excess of two acre-feet on-site underground detention facility proposed for the Project. B. The City will assist in developing a TOD agreement with Sound Transit that would outline the cooperative effort to identify an appropriate development that fits the TOD site and complements the transit center and parking structure. C. If appropriate, the City would become a party to the agreement between Sound Transit and the TOD developer. 2.2 Environmental Review The City will conduct environmental review under SEP A for the Project, and improvements identified in Paragraph l.4(B) and (C) above. 2.3 Design and Review Process The City agrees to give priority to reviewing design documents of the Project, along with the I-5@320th project prepared by Sound Transit's design consultants; except that if Sound Transit desires expedited review of land use or building pennits for the Project such expedited review will be at Sound Transit's sole cost. The City will facilitate the issuance of applicable administrative penn its for the construction of the Project. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 7 The City will collaborate with Sound Transit to finalize the design, address agency requirements and public feedback, consistent with the other provisions ofthis Agreement. The City acknowledges that, except as provided otherwise in this Agreement, Sound Transit is not legally required to budget funds in excess of $30.6 Million Dollars to cover potential cost increases in the Project. 2.4 Cost Responsibility A. The City agrees to design and construct the improvements to 23rd A venue-So and S. 317th Street herein described and hold harmless Sound Transit from any cost increases or damage claims of third parties. B. The City agrees to waiveall charges from the Project for the usage ofregional detention pond downstream of the Project site in exchange for preserving a portion of the Project site for a future transit oriented development. C. The City and Sound Transit will jointly review grant funding opportunities and the City will take the lead to apply for grants for which money could be used to pay for the Project. III. LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any manner whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer or employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit harmless therefrom; Sound Transit shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold the City hannless therefrom. To the maximum extent permitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and Sound Transit I City of Fcdnal Way MOA Federal Way Transit Center I Parking Stnlcture 8 against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be perfonned by the City under this Agreement, and for any failure to satisfy the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and employees, with legal counsel acceptable to Sound Transit, w.hich acceptance shall not be . unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the City shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incuITed directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Transit, which approval shall not be WITeasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY WAIVES ALL IMMUNITY AND LIMITATION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. To the maximum extent pennitted by law, Sound Transit agrees to indemnify and hold hannless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be perfonned by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense ofthe City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably witW1eld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incuITed directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Stmcture 9 settlement completely and forever extinguishes any and all liability of the City. In the event of litigation between the parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. SOUND TRANSIT'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN EMPLOYEE OR FORMER EMPLOYEE OF SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. IV. DISPUTE RESOLUTION Sound Transit and the City will work collaboratively to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. A. The Designated Representatives, as identified in Paragraph 5.2 below, shall communicate regularly to discuss the status of the task to be performed and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. B. Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days ofreceiving the written notice in an attempt to resolve the dispute. C. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Public Works Director or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or desi~'t1ee and the City Manager shall meet and engage in good faith negotiations to resolve the dispute. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure 10 E. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. V. MISCELLANEOUS PROVISION 5.1 Termination Unless extended by mutual written agreement of Sound Transit and the City, this Agreement shall tenninate only upon completion ofthe all ofthe following steps: (a) final acceptance of the Proj ect as evidenced by the execution of a final contract voucher certification by the City and the Contractor for the Project; (b) disbursement by Sound Transit of the final payment to the Contractor; (c) proof of payment by Sound Transit of all sums required to be paid to the City by this Agreement; and (d) proof of Sound Transit's completion of all obligations required under this Agreement. S.2 Notice All notices or requests required or pennitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confinnation of receipt). All notices or requests shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: City of Federal Way Attn: Cary Roe, P .E. 33530 First Way South Federal Way, W A 98003-6221 (253) 661-4131 (253) 661-4129 Address: Phone: Fax: Address: Sound Transit Attn: Vicki Cannard, Project Manager 401 S. Jackson Street Seattle, W A 98104-2826 (206) 398-5024 (206) 398-5215 To Sound Transit: Phone: Fax: Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representative. Sound Transit I City of Federal Way MOA Federal Way Transit Center I Parking Structure 11 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned to a bank, trust company, or other financial institution witho~l such approval. Notice of any such assignment of claims for money due or to become due to the City shall be furnished promptly to Sound Transit. 5.4 Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.5 Severability If any of the tenus or provisions of this Agreement are detennined to be invalid, such invalid tenn or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid tenn or provision were not contained herein. 5.6 Warranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Amendment has authority to bind such person's respective entity. 5.7 Exhibits All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent otherwise provided herein. 5.8 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced therein. Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure 12 CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT") Nr~i~ Title / v~3óAJ I Date fL Sound Transit / City of Federal Way MOA Federal Way Transit Center / Parking Structure CITY OF FEDERAL WAY: ~~t~1f.~ ~ N. Christine Green, CMC Approved as to [onn: ~C:~ City Attorney, Bob C. Sterbank 13 1. /1 2. '. -'D) ~j 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Exhibit "A" Offsite Project Impacts SR-99 at S 320th Street SR-99 HOV Lanes Phase 1- S 31ih Street - S 324th Street 23rd Avenue S - S 317th Street - S 324th Street SR-99 at S 330th Street S 31ih Street at 14th Avenue S SR-99 HOV Lanes Phase II - S 324th Street - S 340th Street S 336th Street at Weyerhaeuser Way S S 320th Street at 1st Avenue S S 312th Street at 8th Avenue S S 320th Street HOV Lanes Phase I - 8th Avenue - SR-99 S 31th Street at 28th Avenue S S 320th Street at 20th Avenue S S 336th Street at 9th Avenue S S 336th Street at 1 st Way S SW 31th Street - 1 st Avenue S - SR-509 (/ FED ERAL WAY TRANSIT CENTER 2001 TRANSIT CENTER, PARKING STRUCTURE AND FREEWAY ACCESS AGREEMENT May 3, 2002 LUTC MEETING February 21, 2001 CITY COUNCIL MEETING March 20,2001 MEETING DATE: April 3, 2001 ITEM# J Cá-) . .....................................................,......................................................".............."""""""""",""""""""""""""""""""".....................,................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CITY COUNCIL MEETING MINUTES """""""""""""""""""""""""""'""""""""""""""""""""""""""""""""""""",-,,"""""""""""""""'"""""""""""""""""""""""""""""""""""""""" CATEGORY: BUDGET IMP ACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ """""""""""""""""""""""""""'""""""""""""""""""""""""""""""""""""""""""""""","""""""'""""""""""""""""""""""""""""""""""""""'" ATTACHMENTS: Minutes for March 20, 2001 regular meeting. .......................................................,.....""""""""""""""""""""""""""'""""""""",""""""""""""""""""""""""""""""""""""""""""""""""""........... SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. -"""""""""""""""""""""""""'. """""""""""""""""",""""""'....."""""""""""",,"""""""""""""'""n""""""""""""""""""""""""'","""""""""""" CITY COUNCIL COMMITTEE RECOMMENDATION: n/a """"""""""""""""""""""""""""""'"......................................................,"""""",,""""""""""""""""""""""""""""'"""""""""'........................,........... CITY MANAGER RECOMMENDATION: Move approval of the official minutes. """"""""""""""""""""""""""""""""" """"""""""",,""""""""""""""'""""""",""""""""""""""""""""""""""""""""""""""""""" APPROVED FOR IN CLUSlO N IN COUNCIL P ACKET:~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFI<:RRED/NO ACTION COUNCIL BILL Ii 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I: \CO VER. CLERK-l /7/00 / I. II. ill. a. b. c. d. e. f. IV. v. AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting -- Council Chambers - City IIalL March 20, 2001 - 7:00 p.m. (www.ci.federal-way.wa.usJ ***** CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENT ATIONS SPIRIT A ward/Month of March Proclamation/Sister City Tonghae Incorporation Anniversary Proclamation/Camp Fire's Absolutely Incredible Kids Day Parks/Recreation Commission Introductions/Certificates City Manager/Introduction of New City Employees City Manager/Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. CiJizens may address City Council at this tùne. \Wlen recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and addressfor the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue 100 wng, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought beforefull Councilfor approval; all items will be enacted by one motion; individual items may be removed by a Councilmember for separate discussion and subsequent motion.) a. U. Minutes/March 6. 200 1 Regular Meeting BrA Trail Phase III/Trail ConstructionlBid Award 23rd Ave S. Road ImQrovements Project - 100% Design Alli)rOva~- and Authorization to Bid . Chamber 200 1 Tourism Service Amendment c. d. over please. . . FED ERAL WAY CITY CO UN CIL Regular rvteeting Council Chambers - City J-Jall March 20, 2001 - 7:00 p.m. OR~f1 MINUTES 1. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:02 p.m. Council members present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Council members Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan, Eric Faison. City staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green. . II. PLEDGE OF ALLEGIANCE Deputy Mayor Kochmar lead the flag salute. TIr. PRESENT A TIaNS a. SPIRIT Award/Month of March City Manager Moseley presented this month's SPIRIT award to recipients Jean Porter, Sun So and Judy Dunker of the city's Human Resources Division, for their outstanding performance in providing service and assistance to all city departments in the area of recruitment and selection. In addition, they have worked extremely hard at innovation, thus creating efficiencies and eliminating paperwork whenever possible; they have also relied on many forms of technology to streamline processes to provide city staff greater access to employee information. b. Proclamation/Sister City Tonghae IncofQQration Anniversary on AQril L 1980 Deputy Mayor Linda Kochmar read and presented the proclamation to Brian Picard, Vice- President of the Federal Way Sister City Association. ,- c. Proclamation/Cam[) Fire's Absolutely Incredible Kids Day - March 15ú, Deputy Mayor Linda Kochmar rcadand presented the proclamation to Leader Karen Ramsey and two 4(11 grade students from Green Gables Elementary Camp Fire group. Federal Way Cuy Council Regllwr Meeting Minutes March 20, 2001 - Page 2 of 6 d. Parks/Recreation Commission Introductions/Certificates Councilmember Jeanne Burbidge introduced and presented new Commissioner JO;1O Morrison with his appointment certificate. e. City Manager/Introduction of New City EmRloyees Mr. Moseley announced the following new staff hires for the city: Carolyn Davis (Law Department); Stan Osborn and George Richen (parks Maintenance); and Mike Brewer (Public Works Department/Surface Water). f. City Manager/Emerging Issues City Manager Moseley introduced Chief Anne Kirkpatrick who provided an update on police response to citizen concerns related to activities involving a specific residence in their immediate neighborhood. IV. CITIZEN COMMENT Barbara Reid - President-elect of the Federal Way Symphony, thanked the Council for their continued funding of symphony programs, and announced the symphony will be relocating their future productions to St. Lukes Church. Chuck Schukar - a resident of the Steel Lake area, spoke in favor of consent item (h), and urged the Council to approve the proposed agr~ment for waterfowl management as soon as possible since time is of the essence with the close arrival of this year's nesting season. Lori Geogeson - expressed her concerns about the activities of a residence in her neighborhood; she was advised the city's Police Department are well aware of the situation, and will be scheduling a block watch meeting for neighborhood residents in the very near future. V. CONSENT AGENDA a. b. Minutes/March 6. 2001 Regular Meeting - Approved BPA Trail Phase III/Trail ConstructionlBid Award - Approved 23rd Ave S. Road ImQrovements Project- 100% Design AP1~rovaI and Authorization to Bid - Approved Chamber 2001 Tourism Service Amendment - Approved 2000 Tourism Enhancement Grant Award - Approved 2001-02 Domestic Violence Advocacy RFP - Approved Jail lnterlocal Agreement/City of Fife - Approved 2001 Interlocal Agreement for Waterfowl Management Program - Approved c. d. e. f. g. h. Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 3 of 6 Council member McColgan pulled consent item (c) for additional information. MOTION BY COUNCILMEMBER HELLICKSON TO APPROVE CONSENT ITEMS (a), (b), (d), (e), (0, (g) and (11); SECOND BY COUNCILMEMBER GATES. The motion passed as follows: Gates Kachmar Hellickson McColgan yes yes yes yes Burbidge Park Faison yes yes yes Consent item (c): Public Works Director Cary Roe provided a brief update on the 23rd Ave So road improvement project. Deputy Mayor Linda Kachmar recused herself due to the fact her employer, Lalœhaven Utility District, is involved with the project. MOTION BY COUNCIL1\ŒMBER MCCOLGAN TO APPROVE CONSENT ITEM (c); SECOND BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Gates Kachmar Hellickson McColgan yes recused yes yes Burbidge Park Faison yes yes yes VI. INTRODUCTION ORDINANCE a. Council Bill fl264! Amendments to FWCC Chapter Relating to Allowed Maximum Heights and other Miscellaneous Changes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. W ASHfNGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNIC£PAL CODE TO ADDRESS MAXIMUM HEIGlITS AND OTHER MISCELLANEOUS CHANGES. Senior Planner Margaret Clark provided a briefing on the proposed ordinance amendments. MOTrON BY COUNClLMEMBER MCCOLGAN TO MOVE THE ORDINANCE TO SECOND READING AND ENACTMENT AT THE REGULAR MEETING ON APRIL 3; SECOND BY COUNcrLMEMBER FArSON. The motion passed as follows: Federal Way City Council ReguÚlr Meeting Minutes March 20, 2001 - Page 4 of 6 Gates Kachmar Hellickson McColgan yes yes yes yes Burbidge Park -- Faison yes yes yes b. Council BillIt265/Sv.rint Wireless Site Lease/Franchise Agreement Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 99-359 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO SPRINT SPECTRUM, LP., A DELAWARE LIMITED PARTNERSHIP, TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATION CABLE WITHIN AND THROUGH THE CITY OF FEDERAL WAY. MOTION BY COUNCILMEMBER GATES TO MOVE THE ORDINANCE TO SECOND READING AND ENACTMENT AT THE REGULAR MEETING ON APRIL 3; SECOND BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Gates Kachmar Hellickson McColgan yes yes yes yes Burbidge Park Faison yes yes yes VIT. CITY COUNCIL RE~ORTS Councilmember Gates reported on recent regional transit issues-she will be reporting later on the Metro/King County proposed capital facilities and services 6-year plan. She announced the next regular meeting of the Finance/Economic DevelopmenúRegional Affairs Committee will be on March 28, at 9:00 a.m. Council member Burbidge thanked the Arts Commission and city staff for the outstanding reception held prior to the Council meeting-the reception recognized arts funding recipients. She reported on the most recent South County Area Transportation Board meeting, and announced the Parks/ Recreation/Human Services/Public Safety Committee will meet on April 9, at 12:00 noon. Council member Hellickson thanked Chief Kirkpatrick and her staff for their quick response to 3571h Street area citizen concerns; he asked all residents of the area to be suppoIjive of future block watch meetings scheduled by the Public Safety Department. . Councilmember Faison said residents in his home area have also expressed concern for the welfare of the entire community-not only those in the 35r Street area. Federal Way City Council Regular Meeting Minutes March 20, 2001 - Page 5 of 6 Councilmember McColgan reported on his recent participation at the National League of Cities (NLC) Conference held in Washington D.C.; he said it provided an excellent opportunity to observe what other cities in the nation are doing. He felt their meetings with U.S. Senators Patty Murray and Maria Cantwell were very productive. The next meeting of the Land Use/Transportation Committee will be held on April 2, at 5:30 p.m. Deputy Mayor Kochmar also reported on the NLC Conference-said it provided an excellent opportunity to lobby for future funding. She, too, felt the discussions with Senators Murray and Cantwell were extremely beneficial for our community. The Airport Communities Coalition will be meeting next week. Mayor Park echoed the remarks of Deputy Mayor Kochmar and Councilmember McColgan with respect to the recent NLC Conference. He reported the next meeting of the Sister City AssocIation will be tomorrow, at 7:00 p.m.; the Economic Development Oversight Committee will meet on March 28, at 8:00 a.m. Vill. CITY MANAGER REPORT City Manager Moseley reported the city's new Interactive Voice Response (IVR) system; it allows builders to use their touch/tone phone to schedule inspections; it will provide improved services for all customers. He thanked Informational Services and Community Development staff for their excellent job in establishing the service. He updated the Council on the city's involvement in the regional e-Govemment Committee; there are nineteen other cities working togetherio implement e-Govemment services regionally. Me. Moseley announced the Public Safety Department will participate in the annual Special Olympics fund-raising event being sponsored by the Red Lobster Restaurants. The city's Wellness Committee will be recognized in June (during conference) by the Association of Washington Cities (A WC) for their outstanding participation and creation of staff programs during the past year. It will be the second year the city has received special recognition-last year the Public Safety Department received an award for creation of their traffic school. The City Manager expressed appreciation to the city's Public Safety Department for their outreach support during the recent loss of the Des Moines police officer-our department donated officers to cover the City of Des Moines prior to and during the memorial services. City Manager Moseley announced the scheduled executive session has been canceled. Fedeml Way CUy Council Regular Meeting Minutes March 20, 2001 - Page 6 of 6 IX. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30. I lO(I)(i) - Canceled x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of 8:02 p.m. N. Christine Green, CMC City Clerk ~ .-/ - MEETING DATE: March 20, 2001 ITEM# ::g:(e- ') -.....-.--.- CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 23rd Avenue S Road Improvements Project (S 316th to S 324th Street) - 100% Design Approval and Authorization to Bid - C A TEGOR Y: ----'---"---'--'-"'-"-"-------'-ß lJDGETÏMÞ ÃCT:'-'-'---'-""-'-"'----"--"""""-""'-"" _X_CONSENT _ORDINANCE _BUSINESS _HEARING _FYI _RESOLUTION _STAFF REPORT PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ A ITA éïïMËÑTS:--'M emotõ...tli e. Land U së-'ãñiC T ranspÕÏtãtloñ'CõÏñÏñlttëë'-tfãïëdFêbï1ïãiÿ-':2"C'2õõT;-' Tacoma Public Utilities ILA; Lakehaven Utility District ILA; Sound Transit ILA; Memo to Council dated March 14,2001. '----------'------'--'-----------j"4-----"-'-------'--.-..-.-.---..--------..----..-.-- SUMMARYIBACKGROUND: The proposed 23 Avenue S Road Improvements Project design has been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: . City Center - beautification improvements, including utility underground conversion and construction of the downtown streetscape plan conforming to City Center Street Design Guidelines from 1-5 to the easterly limit of the S 320th and SR-99 Improvement project. . Sound Transit required frontage improvement along 23rd Avenue S. . Tacoma Public Utilities Water Division 72" casing pipe. . Lakehaven Utility District water and sewer utility adjustment and pipe replacement. In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements (ILA) with Sound Transit, Lakehaven and the Tacoma Public Utilities Water Division. Copies of the proposed ILAs for Lakehaven Utility District, Tacoma Public Utilities and Sound Transit are attached for your consideration. Staff seeks Council's authorization to enter into these agreements. In addition, the proposed Sound Transit Agreement that was presented and approved at the February 21st Land Use and Transportation Committee meeting has been revised due to ongoing negotiations with Sound Transit and as a result staff has prepared the attached memo which outlines the said revisions. --ñië.töTäri'rõj eët'ëoštsarë'ëstiñïãtëërãi'$9'J69~9 00 . OÕ~_.Th e 'iõ tafävãITäbïë-fuDdlñg~-Tñcfudlñi the pro pÕsed interlocal agreements, is $9,905,362.00. This project is on budget and we anticipate bidding the project in late March and awarding in early May. All required right of way has been acquired. Construction will commence in May with an estimated substantial completion date in Spring 2002. -CiTY.COUNCÏÏ:;'-COMMÏT'Ì'ËEïiECOMMENDATION:At iiSFebruãïÿ"2~2001 mèetmg-tbeTåñd Use and TranspOrtation Committee forwarded the following recommendations: ]. Approve the 100% design plans for the 23rd Avenue South Road Improvements Project. 2. Authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23 rd Avenue South Road Improvements Project. 4. Authorize entering into the proposed lnterlocal Agreement with the Tacoma Public Utilities Water Division for the 23rd Avenue South Road Improvements Project. 5. Authorize entering into the proposed Interlocal Agreement with Sound Transit for the 23rd Avenue South Road Improvements Project. "'-"""""'---"-"-""'--'-""'-'-"-""'-"""'-"".--'-.'."...-......-....-.,--..--.-.............--.....----..........,.................-.......-......--.....-....---..........-.................-....---.-.-..1'<1"- CITY MANAGER RECOMMENDATION: Motion to approve the 100% design plans for the 23 A venue South Road Improvements Project, and to authorize staff to bid the project and return to the City Council in May for permission to award the project to the lowest responsive, responsible bidder. Further to authorize entering into interlocal agreements with Lakehaven Utility District, Tacoma Public Utilities and Sound Transit for the 23rd Avenue South Road Improvements Pro' t. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLE COUNCIL ACTION: "'--'--'-.......-....--...-..-- ..-.. -..-..... .-..-.. -.. ..- "-" ............ ...-.....-.-......-...- ...--.-..--.---------.. APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # k :\council\agdbills\200 1 \23 aYe IOO%.doc City of Federal Way City Council Land UsejTransportation Committee February 21,2001 5:30 pm . . . . cffy HaW Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. Approval of Minutes of the January 22, 2001, Meeting 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. 23rd Avenue South Road Improvements Action Project (S. 316th_S. 324th Streets) -100% Design Approval/Authorization to Bid Salloum/10 min B. Twin Lakes Neighborhood Traffic Safety Project Action Perez/10 min 5. FUTURE MEETING AGENDA ITEMS 25% Nonconforming Street Issues 6. ADJOURN Committee Members: Dean McCo/gan Jeanne Burbidge Eric Faison City Starr: Kathy McClung, Director, Community Deve/opment Services Sandy Lyle, Administrative Assistant 253.661.4116 1:\LU-TRANS\fclxu"y 21, 2001 Lurc AGN.doc Memo to Council From Carr Roe INSERT HERE ~ ( Ai ~. ( MEMORANDUM DATE: March 16, 2001 SUBJECT: Mayor Park and Federal Way City Council members Cary M. Roe, Public Works Director ~ David H. M~er Revision to Draft ~roposed Sound Transit Agreement TO: FROM: VIA: Background At the February 21st Land Use and TransportationCommitteemeeting,Public Work's staff presented a draft of the proposed agreement between Sound Transit and the City for the development of a Transit Center, Parking Structure, and freeway access improvements. The draft agreement was presented with the understanding that the agreement may be subject to change pending final review by Sound Transit and that any revisions to the agreement would be presented to the full City Council. Since the February 21,2001 LUTC meeting, Public Works and legal staff have completed the final negotiations and review process with Sound Transit staff and have attached the final draft of the proposed agreement for the City Council's consideration. Summary of ChangesIRevisions The following is intended as a summary of the most significant changes and/or revisions to the draft agreement that have occurred between the February 21, 2001 LUTC meeting and final draft of the proposed agreement included in the City Council agenda package for the March 20th City Council meeting. The final draft of the proposed agreement has been revised in several areas with respect to protecting Sound Transit in the event they need to condemn any of the necessary properties to facilitate their proposed project. These revisions include deleting references to assumptions for forty dwelling units in the proposed project and softening language concerning preservation of space within the project site for a future transit oriented development. The balance of the revisions will be highlighted by page number, agreement section, and title. Page 4, Section 1.1.3, Feasibility Analysis - subsection (A) was added to require Sound Transit to design the parking structure and/or TOO to include ground-level retail consistent with City Code. ( . Page 4, Section 1.2, Environmental Review - a new paragraph was added that consolidated portions of the previous Section 2.2 Environmental Review and provided clarification to what the City's roles and responsibilities are with respect to the Environmental Review ofthe Sound Transit project and what the City's remedies are under WAC 197- I 1-600 if the City is not satisfied with Sound Transit's Environmental Assessment. Page 5, Section 1.3, Design and Review Process - additional language was added to subsection (C). to provide clarification on the City's responsibilities if the parties agree to pursue the redesign of the parking structure to accommodate a building above the parking structure. . . Page 6, Section 1.4, Cost Responsibility - subsection (B)was revised by deleting reference to the City's Transportation Improvement Program and inserting an Exhibit "A" that lists the City's Transportation Improvement projects impacted by Sound Transit's proposed project. Page 8, Section III, Legal Relations - this section was added and a mutual indemnification was granted to both parties. . Conclusion In summary, the majority of the draft agreement presented to the Land Use and Transportation Committee remained in tact and the revisions that were made primarily provided clarification or direction. cc: Project File (2) Day File k:\forms\mem.doc --_u.---- DATE: February 21, 2001 TO: VIA: Dean McColgan, Chair Land Use and Transportation Committee \ ~ / Marwan Salloum, Street Systems Manager ~ David H. Moseley, City Manager 231'4 Avenue S Road .Improvements Project (S 31~ to S 324110 Street) - 100% Design Approval and Authorization to Bid FROM: SUBJECf: BACKGROUND The proposed 23M Avenue S Road Improvements Project design has been completed and is hereby presented for your consideration. In an effort to reduce costs and public disruption, the following planned projects have been incorporated into the design and will be constructed as part of this project: . . City Center beautification improvements, including utility underground conversion and construction of the downtown streetscape plan confonningi'¿{'-City Center Street Design Guidelines from 1-5 to the easterly limit of the S 320dt and SR-99 Improvement project. . Sound Transit required frontage improvement along 23rc1 Avenue S. . Tacoma Public Utilities Water Division 12" casing pipe. . Lakehaven Utility District water and sewer utility adjustment and pipe replacement. PROPOSED INTERLOCAL AGREEMENTS In an effort to reduce costs, eliminate utility conflicts, and reduce public disruption caused by the project, staff recommends that the City enter into Interlocal Agreements (ILA) with Sound Transit. Lakehaven and the Tacoma Public Utilities Water Division. A copy of the proposed ILA for Lakehaven and Tacoma Public Utilities is attached for your consideration. The Sound Transit ILA will be provided.at the meeting. Staffseeks Council's authorization to enter into these agreements. PROJECT COST ESTIMATES Planning and Design Engineer's Construction Estimate $ 700,000.00 6,500,000.00 Includes City Center beautification improvements and 10% project contingency Construction Management Underground Conversion (PSE ) Right of Way Acquisition 600,000.00 369,900.00 1,000,000.00 S 320do Street and 23rd A venue S Includes the area needed for Sound Transit frontage improvements Total Estimated Project Costs S 9,169,900.00 AVAILABLE FUNDING Grant Funding Mitigation Fund City Center Beautification Improvements PSE and US West Underground Conversion Lakehaven Utility District Tacoma Public Utilities Sound Transit Budgeted City Match Total Available Budget 5,478,700.00 809,185.00 497,744.00 TIA $4,726,700.00 and STPUL $752,000.00 Landscaping, decorative lights, etc. S 320'" Street 337,400.00 101,066.00 97,267.00 400,000;00 2,184,000.00 $ 9,905,362.00 Utility replacement/adjustment cost This project is on budget and we anticipate bidding the project in early March and awarding in April. All required right of way has been acquired. Construction will commence in May with an estimated substantial completion date in Spring 2002. RECOMMEND A TIO N Staff recommends pJacing the following items on t4x ,March 6, 200 I Council consent agenda for approval: .. ð.,r., I. Approve the 100% design plans for the 23rd Ãvenue South Road Improvements'Project 2. Authorize staff to bid the project and return to the City Counéil in April for pennission to award the project to the lowest responsive, responsible bidder. 3. Authorize entering into the proposed Interlocal Agreement with the Lakehaven Utility District for the 23rd Avenue South Road Improvements Project. 4. Authorize entering into the proposed Interlocal Agreement with the Tacoma Public Utilities Water Division for the 23rd Avenue South Road Improvements Project. 5. Authorize entering into the proposed Interlocal Agreement with Sound Transit. cc: Project File Day File k:\lutc\2001\23rd ave.IOO%.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND TACOMA PUBLIC UTILITIES WATER DIVISION FOR THE 23RD AVENUE SOUTH ROAD IMPROVEMENTS PROJECf (SOUTH 316TH STREET TO SOUTH 324TH STREET) DR AFT ;3¡;'¡¡ () I ' 11US AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and the City of Tacoma Department of Public Utilities, Water Division (hereinafter "Water Division"). WHEREAS, the City proposes to proceed with the 23M Avenue South Road Improvements Project (South 316th Street to South 3241h Street) (hereinafter "Project"); and . WHEREAS, The Water Division is planning the construction of a water transmission line in the general area of the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, Chapter 3934 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, The Water Division can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the Water Division, including letting a public works construction contract for the installation of a 72" casing pipe in connection with the Project (hereinafter "Water Division Work"), and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: L DESIGN. The Water Division shall provide the City reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the Water Division Work to become a part of the plans and specifications for the Project. The design work ~han be pefr..ormed by the Water Division's design contractor. -1'---= II. BIDDING. A. It is the intention of the City and the Water Division that the Water Division plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the Water Division shall be furnished with the bid responses submitted for the Water Division Work for the Water Division's approval. Within ten days of receiving the bid prices, the Water Division shall notify the City in writing that the Water Division either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the Water Division Work until the City has received approval from the Water Division for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the Water Division,are acceptable to the Water Division for the Water Division Work, the Water Division shaH so immediately notify the City. The Water Division Work shaH be deleted from the project contract and, in this event~ the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the Water Division's notice to the City of the Water Division's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the exeCution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The Water Division grants to the City Public Works Director and/or his or her designee authority to act on behalf of the Water Division sufficient to canoy out the provisions of this Agreement. B. The Water Division shall furnish a construction observer to ensure proper compliance with requirements during insùtllation of the Water Division Work. The Water Division's construction observer shall advise the City of any deficiencies noted. The Water Division's construction observer, however, shall not cómmunicate directly with or instruct the contractor directly on any matters regarding contract performance. C. The Water Division shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the Water Division Work, which changes shall be made, if feasible. The City shall notify the Water Division, in writing, of any changes required ofthe Water Division Work and shall obùtin the Water Division's approval of such changes. The Water Division's approval shall not be unreasonably withheld. The Water Division shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the Water Division. IV. PAYMENT. A. The Water Division shall reimburse the City for all costs incurred by the City in perfonning the Water Division Work, which costs shall include but are not limited to the Water Division Work perfonned by the Projectcontractor(s), all Water Division requested changes, and the Water Division's cost of the City services described in Paragraph III (a) herein, prorated as described in Exhibit A. B. All payments shall be due from the Water Division to the City within thirty (30) days after receipt of invoice from the City of said sums billed to the Water Division. Amounts unpaid after said due date days shall accrue interest at a rate of one (I) percent per month. INDEMNIFICATION AND HOLD HARMLESS. ~: V. A. The City agrees to indemnify and hold the Water Division, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or represenùttives, arising or resulting ITom, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. . . ß. The Water Division agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the Water Division, its agents or employees, or by Water Division's breach of this Agreement. TIle provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. Page 2 VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force untit either (1) the Water Division rejects all bids or (2) the City Council accepts the completion of the project., whichever is earlier. - VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, stonn drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Following completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a Bill of Sale transfening ownership of the Water mains and appurtenances to the Water Division and the Water Division shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agr~ment of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect fi-om the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Water Division. Adherence to deadline dates is essential to the perfonnance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect., impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. . IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work. as set forth herein, witt be perfonned by the City under the tenus of this Agreement IN WI1NESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CI1Y OF FEDERAL WAY <! :;. TACOMA WATERDMSION-"-~ David H. Moseley, City Manager Water Superintendent Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Bob C. Sterbank, City Attorney Chief Asst. City Attorney K:\STREETS\PROJECTS\23RD\Taooma Water\lLA TACOMA.doc 112 310 I Page) EXHIBIT" A " 23RO AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316th STREET TO SOUTH 324TH STREET) ESTIMA TED DESIGN, CONSTRUCTION, PROJECT ADMINISTRA TlON AND CONSTRUCTION MANAGEMENTCOSTS FOR INCLUDING TACOMA PUBLIC UTILITIES , WA TER DIVISION 72nCASING PIPE ESTIMATED DESIGN COST Estimated design administr~tion costs (ENTRANCO) $2,643.00 ESTIMATED CONSTRUCTION COSTS Mobilization Construction Staking Off- Duty Uniformed Police Officer Traffic Control Labor 72" Casing Pipe Trench Safety System 10% Construction Cost LS 32 hours @ $ 32.00/HR 120 hours @ $ 34.00/HR 1 lS 1 lS $ 6,000.00 $ 3,600.00 $ 1,024.00 $ 4,080.00 $45,000.00 $10,000.00 Subtotal Construction $69,704.00 Sales Tax @ 8.6% of Construction Cost Subtotal Constriction Including Sales Tax $ 5.995.00 $75,699.00 Construction Contingency (10% of Construction cost.) Construction Administration (5% of Construction cost) Construction Management (10% of Construction cost.) TOTAL CONSTRUCTION COST $ 7,570.00 $ 3,785.00 $7,570.00 $94,624.00 TOTAL PROJECT COST (ENGINEERING & CONSTRUCTION) $97,267.00 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Tacoma Public Utilities Water 72"Casing Pipe portion for reimbursement to the City. K:ISTREETSIPROJECTSI23ITACOMA WATERllLA 1/23/01 Page 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKE HAVEN UTILITY DISTRICT FOR THE 23RO AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316TH STREET TO SOUTH 32~.JH STREET) THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "Oly") and Lakehaven Utility District (hereinafter "District"). WHEREAS, the Oly proposes to proceed with the 23"' Avenue South Road Improvements Project (South 316th Street to South 324th Street) (hereinafter "Project"); and WHEREAS, the District provides Water and sewer service in the general area of the Project in accord with applicable Washington State and Oty of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the Oty, the District will be required to relocate certain water and sanitary sewer faålities such as fire hydrants, vàlves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within the Project area; and WHEREAS, O1apter 39.34 (Interiocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve oost savings and other benefits in the public's interest by contracting with the Oty to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof; NOW, ll-IEREFORE, It is hereby oovenanted and agreed by and between the Parties hereto as follows: I. DESIGN. The District shall reimburse the City for the reproduåble construction dlãwings, speåal contract provisions, and other necessary documents, 'which shalt suffiåently detail requirements for the District Work to become a part of the plans and specifications for the Project:. The District agrees that design work shall be performed by the atýs design oontractor, ENTRANCO. ll. BIDDING. A. It is the intention of the Oty and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, Identification of oost allocations between the Parties. B. Following opening of oonstruction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in. writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided. however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project Contract and, in this event; the Oty shall proceed with Its portion of the Project. This Inter1ocal Agreement shall tetminate effective the date of the District's notice to the City of the District's rejection of all bids. Page 1 -- ---. -__m-- CONTRACT ADMINISTRATION. III. A. The aty shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exerdse all the powers and perfonnall the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act: on behalf of the District suffident to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The Oty shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District: shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the aty for aU costs Incurred by the aty in perfonnlng the District Work, which costs shallindude but are not limited to the District Work perfonned by the Project contractor(s), all District requested changes, and the District's cost of the City servlcesdesaibed in Paragraph III (a) herein, prorated as described in Exhibit A. B. All payments sha II be due from the Districtto the City within thirty (30) after approval by the District's Board of Commissioners of said sums -billed to the District. Amounts unpaid after said due date days shall accrue interest at a rate of one (1) percent per month. V. INDEMNIACA110N AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all daims, demands, losses, actions and liabilities (induding costs and all attorney fees) to or by any and all persons or entities, induding, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents hannless from any and all claims, demands, losses, actions and liabilities (induding costs and all attorney fees) to or by any and all persons or entities,induding, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or tennination of this Agreement with respect to any event occurring prior to such expiration or tennination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Coundl accepts the completion of the project, whichever is earlier. VII. QJ}iER PROVISIONS. ^. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. Page 2 B. Following completion of the construction and City's acœptanceof the Project as fully constructed according to plans, speåflCations and change orders, the City shall provide a Bill of sale transferring ownership of the water mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such fadlities. C. This Agreement contains the entire written ag~entof the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. - - D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherenceto deadline dates is essential to the perfonnance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate. any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein,wiH be perfonned by the City under the tenns of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTIliTY DISTRICT David H. Moseley, City Manager General Manager Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Bob C. Sterbank, City Attorney General Counsel, Steven H. Pritchett K : \STREETS \ PRO J ECfS\ 2 3 RD \La k eh aven \ I lA doc 1/23/01 Page 3 EXHIBIT n A n 23RD AVENUE SOUTH ROAD IMPROVEMENTS PROJECT (SOUTH 316th STREET TO SOUTH 324TH STREET) ESTIMA TED DESIGN, CONSTRUCTION, PROJECT IADMINISTRA TION AND - - CONSTRUCTION MANAGEMENTCOSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT UTILITY RELOCA TlON AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for lakehaven utility relocations (ENTRANCQ) ESTIMATED CONSTRUCTION COSTS Mobilization Construction Staking Traffic Control labor Traffic Control Supervisor Adjust Water Meter vault Relocate Fire Hydrant Adjust Sanitary Sewer Manholes Adjust Water Valve Box Adjust Blow off Box Adjust PRV 12" Water Main Class 50 DIP Adjust Detector Check vault Relocate Side sewer Remove and Disposal of Asbestos Pipe Subtotal Construction Sales Tax @ 8.6% of Construction Cost $5,144.00 lS 1 @LS 240 hours @ $28.00/hr. 24 hours @ $40.00/hr 4 @ $ 500.00/ea. 6 @ $2000.00/ea. 9 @ $400/ea. 24 @ $180.00/ea. 1 @ $1000.00/ea 1 @ $ 1,500.00/ea 168@ $80/lF 1 @ $1,5oo.00/ea FA 168@ $15/LF $ 6,100.00 $ 3,500.00 $ 6,720.00 $ 960.00 $ 2,000.00 $12,000.00 $ 3,600.00 $ 4,320.00 $ 1,000.00 $ 1,500.00 $ 13,440.00 $ 1,500.00 $11,500.00 $ 2.520.00 $70,660.00 Subtotal Constriction Including Sales Tax $ 6.077.00 $ 76,737.00 Construction Contingency (10% of Construction cost.) Construction Administration (5% of Construction cost) Construction Management (10% of Construction cost.) $ 7,674.00 $ 3,837.00 $ 7.674.00 $95,922.00 TOTAL CONSTRUCTION COST TOTAL ESTIMATED COST (Design & Construction) $101,066.00 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. K:\STRE ETS\PROJ E CTS\23RD\Lakehaven \I LA doc 1/23/01 Page 4 ~ CITY OF ~ Federal Way DATE: January 12, 2004 TO: Chair, Land Use and Transportation Committee FROM: } . Paul A. Bucich, SWM Manager ~5:\~~/ David H. M~anager 51st Avenue SW Storm Mainline Replacement (Crestview Shoreclub) Bid Award VIA: SUBJECT: BACKGROUND: Council gave authorization to bid this project on October 21, 2003. Eleven bids were received and opened on December 9, 2003 at 3: 10 p.m. for the 51st Avenue SW Storm Mainline Replacement Project (Crestview Shoreclub); please see attached Bid Tabulation Summary and Engineer's Estimate. The apparent lowest responsive, responsible bidder is R.L. Alia Company with a total bid of $48,546.56. Reference checks on R.L. Alia company by City staff indicates that the contractor has performed similar work. As a result, City staff believe R.L. Alia Company can successfully complete this project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is R.L. Alia Company in the amount of $48,546.56. PROJECT FUNDING: PROJECT EXPENDITURES Design Apparent Low Bid Construction Management 10% Construction Contingency TOTAL PROJECT COST $24,500.00 $48,546.56 In House $4,854.66 $77,901.22 The project will be funded by the 2003/2004 SWM Small Works CIP Budget, 304-3100-111-596-42-*** as follows: EXPENDITURE 2003 BUDGET 2004 BUDGET BUDGET STATUS Design $24,500.00 Budget Expended Construction $24,273.28 $24,273.28 2003 & 2004 Small Works CIP Budget (2003 budget carry over to 2004) Construction Contingency $4,854.66 2004 Budget JiJilUdr y lJ, )(J(J'¡ LUTC 111,~mo ')1' AVf!rllJe SW Storm Hdrl1lrr'" R,'pldu'rll"rrt PIOJC'cI Pdge ) RECOMMENDATION: Staff requests that the Committee place the following project recommendations on the February 3, 200'1 City Council consent agenda: . Award the 51st Avenue SW Storm Mainline Replacement Project to R,L. Alia Company, the lowest responsive, responsible bidder in the amount of $'18,5%.56; . Authorize the City Manager to execute the contract. APPROVAL OF COMMITTEE REPORT: Chair Member Member PB:kk cc: Project File Central File CITY OF FEDERAL WAY Bid Tabulation "RFB 03-111" SW 51st Avenue Storm Drain I BID OPENING December 9, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~~~~~--~-~-- I I ENGINEER ESTIMATE Bid 1 Bid 2 Bid 3 Bid 4 Vendor Name ---> R.L. Alia Co. RoCon Equipment Speciali Piyetta Bros.Const. Inc. Cecon Corp. Location ___m____> Renton W A Black Diamond W A Sumner WA Tacoma, WA Item Amount Price Total Price Total Price Total Price Total Price Total Mobilization, Cleanup & Demobilization 1 $8,000.00 $8,000.00 $1,000.00 $1,000.00 $2,900.00 $2,900.00 $5,000.00 $5,000.00 $5,20000 $5,200.00 Traffic Control 1 $1,000.00 $1,000.00 $100.00 $100.00 $500.00 $500.00 $500.00 $500.00 $675.00 $675.00 Temporary Erosion Control 1 $3,000.00 $3,000.00 $200.00 $200.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $3,500.00 $3,500.00 Locate Existing Utilities 1 $500.00 $500.00 $100.00 $100.00 $500.00 $500.00 $500.00 $500.00 $400.00 $400.00 Trench Shoring and Excavation Safety Systems 1 $500.00 $500.00 $100,00 $100,00 $1,500.00 $1,500.00 $500.00 $500.00 $1,000.00 $1,000.00 Removal of Structures and Obstructions 1 $500.00 $500.00 $100.00 $100.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $600.00 $600.00 HDPE Drain Pipe 14-inch 0.0. (includes littings) 180 $80.00 $14,400.00 $111.00 $19,980.00 $90.00 $16,200.00 $144.10 $25,938.00 $110.00 $19,800.00 Reinforced Concrete Anchor Blocks 1 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $2,327.00 $2,327.00 $4,500.00 $4,500.00 Bank Run Gravel for Trench Backfill 60 $20.00 $1,200.00 $25,00 $1,500.00 $30.00 $1,800.00 $15.00 $900.00 $25.00 $1,50000 Special Trench Backfill 45 $75.00 $3,375,00 $34.00 $1,530.00 $200.00 $9,000.00 $20.00 $900.00 $100.00 $4,50000 Connection to Existing Manhole 3 $1,000.00 $3,000.00 $3,000.00 $9,000,00 $750.00 $2,250.00 $980.00 $2,940.00 $1,200.00 $3,600.00 Seeding, Fet1ilizing, and Mulching 100 $4.00 $400.00 $1.00 $100.00 $5.00 $500.00 $9.00 $900.00 $3.50 $350.00 Topsoil, Type A 20 $25.00 $500.00 $10.00 $200.00 $50.00 $1,000.00 $35.00 $700.00 $25.00 $500.00 Fencing 6 $35.00 $210.00 $35.00 $210.00 $80.00 $480.00 $100.00 $600.00 $40.00 $240.00 Debris BatTier 1 $600.00 $600.00 $500.00 $500.00 $1,500.00 $1,500.00 $1,370.00 $1,370.00 $750.00 $750,00 Force Account 1 $5,000.00 $5 000.00 $5,000.00 $5000.00 $5,000.00 $5 000.00 $5,000.00 $5000.00 55,000.00 $5,00000 SUBTOTAL $46,185.00 $44,620.00 $48,630.00 $50,575.00 552,115.00 Sales Tax @ 8.8% $4 064.28 $3 926.56 $4 279.44 $4450.60 54586.12 TOTAL 1$50,249.281 1$48,546.561 1$52,909.44/ I $55,025.601 1$56,701.121 I II II II II I Attachment B Bid Form yes yes yes yes yes Attachment C Bid Schedule yes yes yes yes yes Attachment D Bid Sianature Pace yes yes yes yes yes Attachment E Bid Bond Form yes Surety yes Surety yes Surety yes Surety yes Surety Attachment F Subcontractor List yes yes yes yes yes Attachment G Combined AffidaYit & Cert, Form yes yes yes yes yes Attachment H Contractor's Comoliance Form yes yes yes yes yes Addendums Aknowledaed n/a n/a n/a n/a nla City of Federal Way Bid Tab RFB#O3-111 Page 1 of 3 CITY OF FEDERAL WAY Bid Tabulation "RFB 03-111" SW 51st Avenue Storm Drain I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ... .-.---.-..-- Bid 5 Bid 6 Bid 7 Bid 8 Bid 9 Vendor Name m> Construct Co. Road Construction NW American Inc Kemper Canst. Corp. Nova Contracting I Location m---_m> Seattle WA Renton, WA Maple Valley, WA Redmond, WA Chehalis, WA Item Amount Price Total Price Total Price Total Price Total Price Total .\lobllizatlon, Cleanup & Demobilization 1 $8,651,72 $8,651.72 $4,000.00 $4,000.00 $8,757.63 $8,757.63 $1,000.00 $1,000.00 $7,90000 $7,90000 I'lar'tic Control 1 $593.10 $593.10 $2,000.00 $2,000.00 $182.92 $182.92 $3,500.00 $3,50000 $5000 $50.00 Temporary Erosion Control 1 $2,914.16 $2,914,16 $2,500.00 $2,500.00 $1,385.41 $1,385.41 $13,000.00 $13,000.00 $100.00 $100.00 Locate Existing Utilities 1 $362.98 $362,98 $1,000.00 $1,000.00 $1,25238 $1,252.38 $1,200.00 $1,20000 $5000 $5000 Trench Shoring and Excavation Safety Systems 1 $990.48 $990.48 $2,000.00 $2,000.00 $1,921.84 $1,921.84 $400.00 $400.00 $100.00 $10000 Removal of Structures and Obstructions 1 $509.23 $509.23 $2,000.00 $2,000.00 $1,300.00 $1,300.00 $2,000.00 $2,00000 $11,70000 $11,70000 HOPE Drain Pipe l4-inch 00. (includes fittings) 180 $68.44 $12,319.20 $135.00 $24,300.00 $101.47 $18,264.60 $90.00 $16,200.00 $147.00 $26,46000 Reinforced Concrete Anchor Blocks 1 $2,574.89 $2,574.89 $2,500.00 $2,500.00 $5,899.27 $5,899.27 $2,000.00 $2,000.00 $1,500.00 $1,500.00 Bank Run Gravel for Trench Backtìll 60 $26,18 $1,570.80 $40.00 $2,400.00 $57.43 $3,445.80 $39.00 $2,340.00 $8.00 $480.00 Special Trench Backfill 45 $347.32 $15,629.40 $50.00 $2,250,00 $74.95 $3,372.75 $200.00 $9,00000 $94.00 54,23000 Connection to Existing Manhole 3 5696.70 $2,090.10 $1,500.00 $4,500.00 $1,84054 $5,521.62 $700.00 $2,10000 51,100.00 $3,30000 Seeding, Fertilizing, and Mulching 100 $4.98 $498.00 $10.00 $1,000.00 $16.36 $1,636.00 $12.00 $1,200.00 55.00 550000 Topsoil, Type A 20 $182,73 $3,654.60 $50.00 $1,000.00 $45.26 $905.20 $60.00 $1,200.00 $20.00 $400.00 Fencing 6 $47.45 $284.70 $100.00 $600.00 $52.20 $313.20 $75.00 $450.00 $70.00 $420.00 Debris Barrier 1 $1,102.47 $1,102.47 $2,000.00 $2,000.00 $1,240.79 $1,240.79 $80000 580000 $650.00 $65000 Force Account 1 $5,000.00 $5 000.00 $5,000.00 $5 000.00 $5,000.00 $5,000.00 $5,00000 $5,000.00 $5,00000 55,00000 SUBTOTAL $58,745.83 $59,050.00 $60,399.41 561,39000 562,84000 Sales Tax @ 8.8% $5,169.63 $5,196.40 $5,315,15 $5,402.32 $5,52992 TOTAL 1$63,915.461 1 $64,246.401 1 $65,714.561 1$66,792.321 1$68,369.921 I II II II I Attachment B Bid Form yes yes yes yes yes Attachment C Bid Schedule yes yes yes yes yes Attachment 0 Bid Siqnature Paqe yes yes yes yes yes Attachment E Bid Bond Form yes Surety yes Surety yes Surety yes Surety yes Surety Attachment F Subcontractor List yes yes yes yes yes Attachment G Combined Affidavit & Cert. Form yes yes yes yes yes Attachment H Contractor's Compliance Form yes yes yes yes yes Addendums Aknowledqed n/a n/a n/a n/a n/a City of Federal Way Bid Tab RFB#O3~111 Page 2 of 3 CITY OF FEDERAL WAY BID OPENING December 9, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Bid 10 Bid 11 Vendor Name m> Controlled Rain Westwater Const Co. Location ----_m..> Lacey, WA Auburn WA Item Amount Price Total Price Total Mobilization, Cleanup & Demobilization 1 $14,000.00 $14,000.00 $5,000.00 $5,000.00 Tramc Control 1 $300.00 $300.00 $2,000.00 $2,000.00 Temporary Erosion Control 1 $5,000.00 $5,000.00 $1,000.00 $1,000.00 Locate Existing Utilities 1 $500.00 $500.00 $500.00 $500.00 Trench Shoring and Excavation Safety Systems 1 $3,900.00 $3,900.00 $1,000.00 $1,000.00 Removal of Structures and Obstructions 1 $1,500.00 $1,500.00 $1,000.00 $1,000.00 HOPE Drain Pipe 14.inch 0.0. (includes fittings) 180 $116.00 $20,880.00 $230.00 $41,400.00 Reinforced Concrete Anchor Blocks 1 $2,300.00 $2,300.00 $2,500.00 $2,500.00 Bank Run Gravel for Trench Backfill 60 $30.00 $1,800.00 $17.00 $1,020.00 Special Trench Backfill 45 $218.00 $9,810.00 $200.00 $9,000.00 Connection to Existing Manhole 3 $800.00 $2,400.00 $200.00 $600.00 Seeding, Fertilizing, and Mulching 100 $6.00 $600.00 $2.00 $200.00 Topsoil, Type A 20 $30.00 $600.00 $30.00 $600.00 Fencing 6 $100.00 $600.00 $40.00 $240.00 Debris BalTier 1 $1,250.00 $1,250.00 $1,000.00 $1,000.00 Force Account 1 $5,000.00 $5000.00 $5,000.00 $5000.00 SUBTOTAL $70,440.00 $72,060.00 Sales Tax @ 8.8% $6198.72 $6341.28 TOTAL 1 $76,638.721 1$78,401.281 I I Attachment B Bid Form yes yes Attachment C Bid Schedule yes yes Attachment 0 Bid Siqnature Pace yes yes Attachment E Bid Bond Form yes Surety yes Surety Attachment F Subcontractor List yes yes Attachment G Combined Affidayit & Cert. Form yes yes Attachment H Contractor's Compliance Form yes yes Addendums Aknowledoed n/a n/a City of Federal Way Bid Tab RFB#O3-111 Page 3 of 3 ~ CITY OF ". ~ Federal Way DATE: January 12, 2004 TO: Chair, Land Use and Transportation Committee FROM: - -,' Paul A. Bucich, P.E., SWM Manager& David H. ~anager Lakota We'tland \egiOnal Pond Improvements Project - 85% Design Approval VIA: SUBJECT: BACKGROUND: This project consists of increasing the stormwater storage of the Lakota Wetland by constructing a continuous berm adjacent to the pond and installing a new outlet control structure. The berm will be located on the north side of the wetland and on the south edge of Lakota Park. It will measure approximately 1,300 feet long, six feet wide and three feet high. The King County Conservation Futures Grant of $194,000 has been secured for purchasing the two privately owned parcels that will be affected by the project. The grant requires a one to one match from City funds towards the purchase of the properties. Surface Water Management is working on appraising the two parcels. A first appraisal has been received but due to the significantly lower value from the assessed value, a second independent appraisal is being pursued. For budget purposes, a value of $265,000 was used as the estimated value of the parcels. Land Use and Transportation Committee approved the 50% design stage on October 20, 2003. Currently, the project design is approximately 85% complete. The following provides a brief synopsis of the progress to date: . Survey and Base Drawing Development Hydrological and Hydraulic Analysis Geotechnical Analysis Wetland Impact Analysis and SEPA Submittal Environmental Site Assessment Project Design Engineering and PS&E to 85% SEPA and Project Permitting . . . . . . Ongoing Tasks Include: . Property Appraisal and Acquisition . Project Design to 100% PROJECT FUNDING: TOTAL PROJECT COSTS $116,039 $260,859 $26,086 $26,086 $4,100 $11,600 $265,000 $709,770 Design Year 2004 Construction (Estimate) 10% Construction Contingency 10% Construction Management Environmental Site Assessment Appraisal (Estimate) Acquisition (Budgeted) AVAILABLE FUNDING: TOTAL AVAILABLE BUDGET $194,000 $768,000 $962,000 King County Conservation Future Grant SWM Utility Fund RECOMMENDATION: Staff requests that the Committee place the following project recommendations on the February 3, 2004 City Council Consent Agenda: . Authorize Surface Water Management staff to proceed with design of the Lakota Wetland Regional Pond Improvements Project and return to the land Use & Transportation Committee at the 100% design completion stage for authorization to bid. Authorize Surface Water Management to negotiate for acquisition of the adjoining parcels and return to Council for authorization to execute a purchase and sale agreement. . I . APPROVAL OF COMMITTEE REPORT: ! 1.__- _n c~:- -- - --- Member Member' - ~._..._~.._- ~._-~-~.~_." .-' -._--.._-- --- .. .- - -. ..' _..1 PAB:kk cc: Project File Central File ~ CITY OF ~ Federal Way DATE: January 12, 2004 TO: FROM: Chair, Land Use and Transportation Committee SUBJECT: .- - . I Paul A. Bucich, P.E., Surface Water Manager / ,;./ David H. M~anager '----'~ East Branch Lakota Creek Restoration - 30% Design Status Report VIA: BACKGROUND This project restores approximately 2,625 lineal feet of the East Branch Lakota Creek from the mouth of the creek upstream to SR 509 at Lakota Park, the upstream limit. Also included is an approximately 500-foot long right bank tributary that is unnamed tributary, but hereafter referred to as the North Tributary. Several fish passage impediments will be eliminated, unnecessary structures removed (non-functioning culverts, a metal tank, abandoned motorcycle and car parts), selected stream banks stabilized, and fish habitat structures added. In addition, stormwater flows will be tight lined from the upper end of the North Tributary to the East Branch to reduce channel erosion in the North Tributary and reduce sediment input to the East Branch. Currently, the project design is approximately 30% complete, which includes the following completed tasks: The Topographical Survey and Mapping Hydrological and Hydraulic Analysis Stream Geomorphology Assessment Fish Use, Passage, and Habitat Assessment Preliminary Wetland Analysis Draft SEPA, JARPA, and Biological Evaluation Phase 1 of the Project Design (Preliminary Project Design to 30% Level) Ongoing tasks include: Negotiation the Scope and Cost of the Phase 2 of the Project Design (Final Project Design) SEPA, JARPA and Biological Evaluation Determination and Project Permitting Easements Negotiation and Acquisition Project Design to 85% Level PROJECT ESTIMATED EXPENDITURES: Preliminary Design Final Design (Estimate) Year 2004 Construction (Estimate) 30% Construction Contingency 10% Construction Management TOTAL PROJECT COSTS $162,518 $49,947 $465,718 $139,715 $46,572 $864,470 AVAILABLE FUNDING: TOTAL AVAILABLE BUDGET $1,480,597 RECOMMENDATION: Staff recommends placing the following item on the February 3, 2004 Council Consent Agenda for approval: 1. Authorize Surface Water Management staff to proceed with design of the East Branch Lakota Creek Restoration Project and return to the LUTC Committee at the 85% design completion stage for further reports and authorization. 2. Authorize Surface Water Management staff to negotiate easements with property owners along the stream corridor and North Tributary of the East Branch of Lakota Creek then return to Council for authorization to execute the easements. APPROVAL OF COMMmEE REPORT: Chair Member __d PB:kk cc: Project File Central File ~ CITY OF ~ Federal Way DATE: January 12, 2003 TO: Chair, Land Use and Transportation Committee FROM: -, ,'I Paul A. Bucich, Surface Water Manager (LIP--- David H. MO~nager Memorandum of Agreement for Marine Shoreline Inventory VIA: SUBJECT: BACKGROUND: The City of Federal Way is a partner in the Green/Duwamish and Central Puget Sound Watersheds (WRIA 9) Forum. The mission of the Forum is to develop a salmon habitat plan that will guide local jurisdictions in protecting and restoring salmon habitat within the watershed. The watershed includes the northern part of the City of Federal Way. The salmon habitat plan is currently being developed. However, some parts of the habitat plan require additional scientific and technical study before policy recommendations can be developed. One such technical study is basic mapping of the marine shoreline. Currently no comprehensive mapping of the marine shoreline that identifies various marine shoreline features such as elevation, substrate, vegetation, marine water energy, sediment transport, and anthropogenic structures exists. In October, the City Council approved a maximum of $6,000 from the Surface Water Management budget to acquire bathymetry mapping of the marine shoreline. Bathymetry provides land elevations under water to a depth of 30 feet. The mapping is currently underway. Understanding these shoreline characteristics along with the bathymetry data will aid in identifying existing salmon habitat areas for migration and refuge as well as identifying areas in need of restoration. As the main channel of movement for salmon, the shoreline environment is a critical piece of the salmon habitat restoration planning effort. Salmon use the shoreline to grow and migrate out to the Pacific Ocean. Salmon using the Federal Way shoreline likely come from Hylebos and Joe's Creek, South Puget Sound rivers such as the Nisqually and Puyallup, as well as salmon from northern areas that migrate south in order to find refuge and food. The Watershed Forum is working to fill these data gaps to ensure the most accurate information is used in assembling the salmon habitat plan. In addition, such data will assist local jurisdictions, including Federal Way, in meeting recently updated requirements of the Shoreline Master Program. Such mapping efforts will provide a basic inventory of the shoreline upon which the City can update its land use planning efforts for the marine shoreline. Updates to the City of Federal Way's Shoreline Master Program are required by 2009. One specific mapping effort being addressed by the Watershed Forum is to map shoreline characteristics to better understand salmon habitat in the marine environment. Habitat characteristics include substrate, vegetation, woody debris, marshes, freshwater inputs, and human-made structures. This information will be combined with existing shoreline information to establish an inventory of current conditions of the marine shoreline. The marine shoreline inventory is being coordinated by the City of Seattle. The final product of the inventory will be geographic information system data layers and a final report. The electronic habitat layers will be available for all jurisdictions in the watershed for use in salmon habitat planning as well as shoreline master planning and other comprehensive planning efforts. The expected completion date is February 26, 2004. Attached is a scope of work (Attachment A) for the mapping effort that outlines the specific mapping activities and work products. To support the marine shoreline inventory of WRIA 9, the King Conservation District has granted funds to the City of Seattle to conduct mapping within King County. Since the City of Federal Way is not a member of the district, the City is being asked to contribute directly to the costs of the shoreline inventory in order to complete the mapping of the entire watershed. In addition, staff has requested the mapping effort include Federal Way shoreline outside the WRIA 9 boundary so that the entire city will be completed. Attached is a draft Memorandum of Agreement between the City of Federal Way and the City of Seattle Council consideration. The estimated cost of shoreline inventory for the entire shoreline within the City of Federal Way is $4,144. The Watershed Forum will contribute $64,356 for a total of $68,500. Therefore, the City of Federal Way would be contributing 6% of the total shoreline inventory effort in King County. The City of Federal Way will also pay the City of Seattle $500 in project management costs. An additional $2,000 has been included as a reserve fund in the event additional costs are incurred. The City of Federal Way retains release of any management reserve funds. Therefore, the total maximum cost to the City of Federal Way is $6,644. FUNDING AVAILABLE The project will be funded through a previously approved budget allocation for shoreline inventory mapping in the Community Development Department's budget. RECOMMENDATION: Staff requests the Committee place the following recommendation on the February 3, 2004 City Council Consent Agenda: 1. Approve a Memorandum of Agreement with the City of Seattle to conduct a marine shoreline inventory within the City of Federal Way. Member Member cc: Project File Day File K:\LUTC\2004\Ol-12-04 WRIA 9 NeiHsllore Shoreline Inventorydoc MEMORANDUM OF AGREEMENT by and between the City of Federal Way and the City of Seattle This agreement is made between the City of Federal Way, a municipal corporation in King County, Washington, located at 33530 1 SI Way South, PO Box 9718, Federal Way, W A 98063-9718 (referred to herein as "Federal Way" or "City"). and the City of Seattle, a municipal corporation in King County, Washington, operating through the Seattle Public Utilities, and located at the Key Tower, 700 5th Avenue, Suite 4900 Seattle, W A, 98104-5004 (referred herein as "Seattle"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 WHEREAS, Seattle is acting as the lead contracting entity for marine shoreline inventory mapping on behalf of the GreenlDuwamish and Central Puget Sound Watersheds Forum; 1.2 WHEREAS, the marine shoreline inventory mapping effort will aid the Green/Duwamish and Central Puget Sound Watersheds Forum in development of a salmon habitat conservation plan for use by al1 member jurisdictions, including Federal Way; 1.3 WHEREAS, the marine shoreline inventory mapping eff0l1 wil1 also provide baseline inventory information that wil1 assist Federal Way with compliance of Shoreline Management Act and Clean Water Act requirements; 1.4 WHEREAS, Federal Way desires to include the entire marine shoreline within its city limits in the shoreline mapping effort; 1.5 WHEREAS, Seattle wil1 contract with Anchor Environmental, Inc. to perfon11 the shoreline mapping inventory as described in the attached Scope of Work (Attachment A); and 1.6 WHEREAS, Federal Way can achieve cost savings and other benefits in the public's interest by contracting with Seattle to perfoml the shoreline inventory mapping for Federal Way, including letting a contract for the shoreline mapping effort, and providing contract management services in support thereof. NOW THEREFORE, the Parties agree as follows: SECTION 2. AGREEMENT 2.1 Federal Way agrees to reimburse Seattle an amount not to exceed Four Thousand One Hundred Forty-four and 00/100 dol1ars ($4,144.00) for a shoreline mapping inventory described in Attachment A. In addition, Federal Way shal1 reimburse Seattle for management costs up to Five Hundred and 00/1 00 Dollars ($500.00). The total amount to be paid by Federal Way to Seattle shall be an amount not to exceed Four Thousand Six Hundred Forty-four and 00/100 Dollars ($4,644.00), unless additional funds arc authorized in the sole discretion of Federal Way pursuant to Sec. 2.2. 2.2 A management reserve fund of Two Thousand and 0011 00 Dollars ($2,000.00) is also available for additional costs incurred. Seattle must submit in writing to the City a request to release any management reserve funds. The City shall respond in writing whether release of any management reserve funds is approved. 2.3 Payment will be issued to the City to Seattle upon successful completion of the deliverables outlined in Phase 2 Task 3 in Attachment A. 2.4 All payments shall be due from Federal Way to Seattle within thirty (30) days after receipt of invoice from Seattle of said sums billed to Federal Way. Amounts unpaid after said due date days shall accrue interest at a rate of one (I) percent per month. 2.5 Neither party assumes responsibility for the other party's acts or the consequences of any act or omission of any person, finn, or corporation not a party to the agreement. Each party shall be responsible only for its own actions. The provisions of this paragraph shall survive the expiration or tennination of this Agreement with respect to any event occurring prior to such expiration or tennination. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5 Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 3.6 In the event either of the Parties defaults on the perfonnance of any tenns of this Agreement or either Pal1y places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay its own attorney's fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 3.7 This agreement shall become effective immediately upon execution by both pal1ies. This Agreement shall continue in force until Federal Way City Council accepts the completion of the project and Federal Way makes payment in full. CITY OF FEDERAL WAY SEATTLE PUBLIC UTIL TIES David H. Moseley, City Manager Chuck Clarke, Director Datc Date APPROVED AS TO FORM: Patricia A Richardson, City Attorney k:\swm\lcslie\wria9\tcchnical cornmittcc\nearshorc\shorclinc inventory\ila scattlcv2.doc ATTACHMENT A - SCOPE OF WORK <~---~~---_._- ------------------ ---------- -------------- Marine Shoreline Inventory of the City Of Seattle and Water Resource Inventory Area 9 PHASE I Location of Work This survey will cover the marine shoreline, includIng the supratIdal (above mean higher high water), intertidal (between mean lower low water and mean higher high water), and a portion of the subtidal (below mean lower low water) zones- The study area will include the shoreline of Puget Sound from the nOl1h end of the City of Seattle to the south end of the City of Federal Way, the shoreline of Yashon Island and the shoreline of Maury Island. Data will be provided separately for the following two areas: I) City of Seattle marine shoreline, from the north to south city limits, including the marine side of the Hiram M. Chittenden Locks (Figure I). Limited information will be collected in Elliott Bay, from Pier 70 to Terminal 5. 2) Water Resource Inventory Area 9 (WRIA 9), includIng the marine shorelines of King County and Vashon and Maury islands and including the entire shoreline of the City of Federal Way (Figure 2). Purpose The purpose of this project is to map physical, biological, and anthropogenic marine shoreline conditions. This inventory will examine substrate, marine riparian vegetation, fringe marsh, marine water energy, sediment transport, bank armoring, overwater structures, boat ramps, marinas, and habitat enhancement project sites using a combinatIOn of existing data sources and field surveys. The final products will be GIS layers for the habitat attributes examined for the City of Seattle and for the entire area of WRIA 9. This project has been divided into two phases. In Phase I existing data sources will be assessed and an approach to conduct the inventory work will be developed, as described in this scope. In Phase 2 the inventory work will be conducted, producing GIS layers and a project report. Phase 2 scoping and budget will be based on the findings of Phase 1. This effort will support a series of activities, including salmonid habitat preservation and restoration projects, regional salmon conservation and recovery plans, monitoring of long-term trends in salmonid habitat and ecosystem conditions, permitting requirements related to development projects, shoreline master plan updates, and assessment of project impacts to nearshore habitats- This inventory is a major part of a comprehensive marine inventory effort. This effort includes obtaining marine shoreline bathymetry information, in partnership with the Puget Sound Nearshore Ecosystem Restoration Project (PSNERP), and collecting marine subtidal vegetation information. Collectively, this inventory will be useful to the City of Seattle, WRIA 9, other nearshore Jurisdictions within the survey area, regional organizations such as PSNERP and the Puget Sound Water Quality Action Team, non-profit organizations, and local and federal government agencies (e.g., Washington Department of Fish and Wildlife, Washington Department of Natural Resources, NOAA Fisheries, U.S- Arn1Y Corps of Engineers)- Tasks Task I: Compile and assess existing data sources and identify data gaps For habitat attributes and characteristics identi fled in the Habitat Attribute Table (Attachment 1), existing data sources, such as the Washington Department of Natural Resources ShoreZone Inventory (ShoreZone) database, City of Seattle and KIng County aenal orthophotographs, and Washington Department of Ecology 'vII A ill 10 RosIer Agll1ll1 IiROO-34-05 Slipp III acrlal ohllquL' pI1OIo~rdph~. \\111 hc' compiled (scc' :\t\;lchmL'nl I 1;";1 Ihl O"C\I~tlll~ dald ~ourcc~, hO\\C\CL further In\l'~II,,;I\IOn 11110 other ~ources \\111 he needed). .lullc' I LIII \\ III hc' the ¡)()Int or contact for ('Ity of Seattle data Kolllll 111~~I11~ \\111 he thc point oj contact "or K 1Il~ ('ounty data In preparation I()r the' Shorclille Inventory Approach l'vIeetlll~ (Ta~J.. 2) \\Ith thc ('Ity of Seattle and thc WRIA 9 Tcchnlcal Commlttcc' (W<JTC) sub-group, thc consultant \\111 compare C\lstmg data sourccs to the data needs and \\111 prepare a recommended approach to be taken "or each habitat attribute and characteristic ofll1terest. The scale, rcsolution, and quality ofe\lstmg data \\111 bL' IIlcludcd In the process of preparing a recommended approach. As appropriate, altcrnatc approaches may be presented for one or morc attrIbutes. Estimated costs of alternate approaches will be prepared to help the (Ity of Seattle and W9TC incorporate cost-benefit consldcratlOns Into thclr decision for hO\\ to procccd. The Habitat Attribute Table (Attachment I) will be updated to lIst all data sources compiled as part of thIs project and Identify data gaps. The table will note where there is suftìcient information to proceed with GIS layer creation (e.g., exposure, dritì cells), where enhancement of existing data with aerial photo lI1terpretation is possible (e.g., overwater structures), where field veritìcation/ground-truthing could provide substantial enhancement (e.g., bank armoring), and where data augmentation with field surveys is needed (e.g.,marlne rIparIan vegetation), as related to each habitat attribute. In preparation for the Shorelll1e Inventory Approach Meeting (Task 2), the consultant will also use compiled infonnation to identIfy aspects of the shoreline inventory that need to be defined, such as marine ripanan vegetation classes and large woody debris, before photo interpretation analysis begins. The consultant will prepare recommended definitions to use in the lI1ventory. In preparation for the Shorelllle Inventory Approach Meeting (Task 2), the consultant will also conduct photo IIlterpretatlon along a section of shoreline to provide the CIty of Seattle and W9TC sub-group with an example of what can be interpreted using existing aerial and oblique photos. Dclivcrable.\". ,/ Complete list of compiled data sources and theIr associated meta data (electronic ¡ile). ./ Revised Habitat Attribute Table (Attachment I) will be distributed prior to the Shoreline Inventory Approach Meeting (Task 2) speClfYll1g recommended next actions (e.g., create GIS layers, field verification needed, data augmentatIOn needed) (electronic 1ì1e ). Recommended definitions for attributes or characterIstics will be distributed prior to the Shorelll1e Inventory Approach Meeting (Task 2). Photo lI1terpretation results from a sample sectIon of shorelll1e. ,/ ,/ Schcdulc. By mid-October 2003 I~~k 2: ShoreLine h1VentorV.ß!2nroaçlLI\..1ccting A meeting wIll be held between the consultant, City of Seattle, and W9TC sub-group to discuss the approach to the shoreline ll1ventory. The meeting will discuss habitat attributes and charactenstics to be mapped, lI1cludll1g the purpose, use, and desired resolution of each attribute and characteristic. The meeting will also Identify the geographIc areas and tidal/ones to be covcred (along wIth tIdal/one boundaries), and any assocIated categories and definitIons that need to be identified. The habitat attributes and characteristics II1cluded in the ll1ventory will be adapted tì-om Attachment I. Based on a discussIon of priorities for the shorelll1e inventory, it is expected that some habitat attributes and/or charactenstlcs may be removed tì'om the Inventory list pending cost and opinions on the usefulness of such data. Two Task I client dellverables. one deta¡]ing recommended approaches for each attribute and characteristic and one recommendll1g attribute definitIons to use In the ¡mcntory, \\'111 he distributed pnor to the nK'ctlng to LIC¡]ltatc the dIscussion. \\/\ Ii I I" R"~I<:I\g)1I\11IR()()-q ()~ SlIpp; I This diScussIon \\111 also cover cxpcctatlons of the final product appearancc and qualIty (sec the CiIS Layer DescrIptions. bclo\\). as \\ell as how the City of Seattle and WR[^ 9 plan to use the data once the Inventory IS completc. GIS s¡wClflcatlons wIll bc discussed (^ttachment 2). with particular focus on the vertical datum to be used and the need for the abIlity to understand any elevation II1formation in reference to M LL W. The consultant will prepare and distribute meeting minutes and make reVISIons to ^ttachment I based on the discussion. The City of Seattle and the W9TC sub-group will review and comment. The consultant will incorporate the comments before fInalIzation. Delil'crahles. ASSUJ//pl iolls: Schedule: ./ Meeting minutes (electronic tIle). ./ RevIsed table based on Attachment I which specifies the agreed-upon habitat attributes and characteristics to be mapped, scales/resolution, approach to enhancing data resolution, and any classifications, categories, or defInitions that will be used (electronic file). ./ One round of comments to the meeting minutes and revised table will be incorporated before the deliverables are finalized. ./ All comments will be compiled and synthesized before delivery to the consultant for incorporation to the documents. ./ Comments will be provided within ten days of delivery of the meeting minutes and revised table in order to ensure there are no delays to subsequent task schedules. ./ Comments that will result in new work by the consultant will trigger a negotiation as to their intent relative to the existing scope and budget. ./ The revised table will detail the approach that will be taken in the remainder of the inventory for each attribute and characteristic. Scoping and budgeting for the second phase of the inventory will be based on the revised table. By end of October 2003 \V ^ II I 10 Roster ¡\gnlllt IIROO-.14.0'j Stipp III .1 PHASE 2 Location of Work This survey will cover the marine shoreline, including the supratidal (above m,ean higher high water), inte11idal (bctwcen mean lower low water and mean higher high water), and a portion of the subtidal (below mean lower low water) zones. The study area will include the shoreline of Puget Sound from the north end of the City of Seattle to the south end of the City of Federal Way, the shoreline ofVashon and the shoreline of Maury Island. Data will be provided separately for the following two areas: 3) City of Seattle marine shoreline, from the north to south city limits, including the marine side of the Hiram M. Chittenden Locks (Figure I). Limited inforn1ation will be collected in Elliott Bay, from Pier 70 to Tern1inal 5. 4) Water Resource Inventory Area 9 (WRIA 9), including the marine shorelines of King County and Vashon and Maury islands and including the entire shoreline of the City of Federal Way (Figure 2). Purpose The purpose of this project is to map physical, biological, and anthropogenic marine shoreline conditions. This inventory will examine substrate, marine riparian vegetation, fringe marsh, marine water energy, sediment transport, bank annoring, overwater structures, boat ramps, marinas, and habitat enhancement project sites using a combination of existing data sources and field surveys. The final products will be GIS layers for the habitat attributes examined for the City of Seattle and for the entire area of WRIA 9. This effort will support a series of activities, including salmonid habitat preservation and restoration projects, regional salmon conservation and recovery plans, monitoring of long-tenn trends in salmonid habitat and ecosystem conditions, pennitting requirements related to development projects, shoreline master plan updates, and assessment of project impacts to nearshore habitats. This inventory is a major part of a comprehensive marine inventory effort. This effort includes obtaining marine shoreline bathymetry infonnation, in partnership with the Puget Sound Nearshore Ecosystem Restoration Project (PSNERP), and collecting marine subtidal vegetation inforn1ation. Collectively, this inventory will be useful to the City of Seattle, WRIA 9, other nearshore jurisdictions within the survey area, regional organizations such as PSNERP and the Puget Sound Water Quality Action Team, non-profit organizations, and local and federal government agencies (e.g., Washington Department ofFish and Wildlife, Washington Department of Natural Resources, NOAA Fisheries, U.S. Anny Corps of Engineers). In Phase I of the project, existing data were compiled and assessed for spatial extent, resolution, scale, quality ofinfonnation, and availability of meta data. The data compilation included gathering orthophotos of the project area shoreline and Washington Department of Ecology aerial oblique photographs. These imagery sources will be used in Phase 2 efforts to improve the resolution of selected data sets through photo interpretation. A meeting with the consultant was convened in W ^ III 10 Roste! ^gl11l1t IIROO.~4-():'\ Sllpp 111 4 Phase I to specifìcally identify the habitat attributes and characteristics to be mapped, the resolution to which each will he mapped, and any applicable classification systems for those attributes. These outcomes are detailed in Attachment 1- Final Habitat Attribute Table. The Phase 2 tasks described below establish the steps that the consultant will take to conduct and report on the Shoreline Habitat Inventory of the City of Seattle and WRIA 9. Tasks Task I: Photo-interpretation of Shoreline Habitats Available digital orthopllOtos and Washington Department of Ecology aerial oblique photographs will be interpreted to create or modify coverages as detailed in Attachment I (Final Habitat Attribute Table). Intrepretatioll will generally occur within 200 feet of the water lille, unless otherwise noted in Attachment 1. Digital ortlLOplLOtos have been obtained from the City of Seattle, King County, City of Federal Way and the City of Burien. Additional sources, such as through the USGS for Homeland Security purposes, will be used depending on the resolution of the imagery and the timeliness of their arrival. Assumptions: V' All sources to be used for photo interpretation will be provided to the consultant within seven days of the signing of the Phase 2 work order Task 2: Field Verification of Photo Interpretation Results Field verification will occur during the early stages of the photo interpretation work to allow for adjustments that may be needed. Up to four sites will be inventoried by boat to conduct a field verification of the photo interpretation efforts. Each site will be no more than two miles in length. Sites will be located along shoreline sections for which different orthophoto imagery was used for photo interpretation in order to characterize the level of confidence that the source imagery allows for interpretation of the various habitat attributes and characteristics. Prior to conducting the field verification work, the Seattle/WRIA 9 project manager will be consulted to discuss the methods to be implemented. The field verification work will be conducted in a manner to avoid property access issues. A field verification plan will be provided that describes the field methods that will be employed and the approach to interpreting field findings for quality assurance/quality control purposes. Seattle and the WRIA 9 Technical Committee (W9TC) will review and comment on the draft Field Verification Plan. The results of the field verification will provided to the SeattIe/WRIA 9 project manager in a brief report. The report will discuss the accuracy of the photo interpretation for each habitat attribute analyzed and, for attributes with low accuracy, the reasons for that low accuracy will be identified along with implications for using the inventory results. The consultant will modify their photo interpretation methodologies to address attribute data with low accuracy, to the extent possible to do so. They also will recommend furiher options to increase accuracy of attribute data (e.g., field surveys). Seattle and the W9TC (or subgroup) will review and comment on the report. Oelivcrables: V' Drafl Field Verification Plan (electronic file) ./ Final Field Vcr{f¡cation Plan (electronicf¡le) ./ Drc?ft Field VcnftcatiOlI Results (electronief¡le) W A III to Roster Agll1l1t IIROO-34-0:> Stipp III :> ../ Filial Field Venfìcatioll Results (clectrollicfìle) Assumptions: / /111 commellts to the surver plall alld results report I\'ill he compiled alld s\lIthesized hefore deli\'ery to thc Collsultalltfor illcorlwmtioll to the documcllts ./ Commellts will he pnJl'ided \\'it/IIII one I\'eek of Field Verifì('({tioll Plan and Field Verificatioll Results delive¡)' ill order to ellsure there are /10 delays to suhsequellt task schedules. Task 3: Production of GIS Habitat Layers and Proiect Report. GIS layers will be created for each habitat characteristic idelltified ill Allachment I - Final Habitat Attribute Report with the specified resolution, classifications. and categories. These GIS layers will meet the GIS specificatiol/s (Allachl1lellt 2) of the City of Seallle and King County. and to the extcnt possible. other WRIA 9 nearshore jurisdictions. Each layer will be accompanied by metadata for both the existing data sources that are used and the field verification/augmentation surveys. The GIS layers will be provided electronically to the City of Seattle, King County, and any other WRIA 9 jurisdictions that request the infom1ation in the data fom1at specified in Attachment 2. The draft layers will be reviewed by the City of Seattle and the W9TC and revisions will be made as necessary. A project report will also be prepared. The report will document the inventory process for this project and roughly conform to the following outline: 1. Survey Area (with map). 2. Table of habitat attributes and characteristics examined, resolution, and data sources used, Attachment A- Final Habitat Attribute Table will be modified as necessary and used. 3. Photo interpretation and field verification methodologies and field verification results. The field verification methodology section should include infom1ation on how/why verification sites were selected, in addition to verification methods. Field verification results should discuss the accuracy of the photo inte1l1retation for the various habitat attributes surveyed. 4. GIS products. There should be one example figure for each habitat attribute and/or characteristic, at an appropriate scale to demonstrate the data and with the metadata listed, For data sources that are deemed "useable" for this inventory, a list of the relevant metadata will be recorded for each habitat attribute. Metadata for the purposes of this project include the data source/reference, date of source, scale of source, data collection methods, processing steps, data limitations/ restrictions and a contact name. 5, General analyses of inventory. The analyses should include: ./ Total number of lineal shoreline miles surveyed, ./ Dominant substrate type for the supratidal, intertidal, and subtidal zones, as percent of lineal shoreline extent, based on infonnation in the WDNR ShoreZone Inventory cross shore tables. vi' Marine riparian vegetation, as lineal shoreline l1liks covered by different vegetative classifications and their percent of the surveyed area. ./ Marsh habitat, as lineal shoreline miles covered and percent of the surveyed area shoreline using WDNR ShoreZone Inventory infom1ation. This will be provided for the patchy and continuous designations of the following ShoreZone Inventory classifications: TRI, GRA, SAL, and SED. W J\ ill to Roster ^gl11llt 1!R()O-34-0) Slipp III (, ./' Bank amlOring, as a number of lineal miles annored and as a percent of the total surveyed lineal shoreline miles. ./' Overwater structures, as the area covered, including marinas. ./' Boat ramps, as a number, the area covered, and as a percent ortlle lineal shoreline covered. ./' Existing habitat enhancement projects, as a number, the lineal shoreline covered, and as a percent of the surveyed shoreline area. The GIS layers and project report will be presented in two extents, one covering the City of Seattle only (Figure I) and the other covering WRIA 9 (Figure 2). The draft project report will be reviewed by City of Seattle and W9TC and revisions made as necessary. The final report will be provided in an electronic fonn (on CD as a pdf file) for replication by Seattle and WRIA 9, along with a limited number of hard copies (6 of each). Deliverables: 0/ Draft Arc View Project containing GIS habitat layers (electronic files) for 1) City of Seattle and 2) WRIA 9 ,/ Meeting to discuss comments to draft GIS habitat layers and draft report ,/ Final Arc View Project containing GIS habitat layers (electronic files) for 1) City of Seattle and 2) WRIA 9 ./' Draft and Final Project Report for 1) City of Seattle (draft - 5 electronicfiles, final - 15 electronic copies and 6 hard copies) and 2) WRIA 9 (draft - 5 electronic files, final - 15 electronic copies and 6 hard copies) Assumptions: 0/ All comments will be compiled and synthesized before delivel)i to the consultant for incorporation to the documents. ,/ One round of comments to the draft habitat layers and draft report will be incorporated before the deliverables are finalized. Task 4: Project Management. The consultant will ensure that the individual tasks identified in the scope of work will be completed as specified in a timely manner, including providing deliverables on time and within budget. The consultant project manager shall work closely with the Seattle/WRIA project manager, Seattle staff and WRIA 9 Technical Committee staff. The consultant will monitor the project budget, scope and schedule and infonn the Seattle/WRIA project manager of any issues that may interfere with the completion of the work in an efficient and timely fashion. The consultant will provide monthly status reports, which will compare the work completed with the scheduled tasks, provide supporting infomlation for all invoices, and compare expenditures with task budgets. Supporting invoice infonnation will include details of expenditures on each task, such as hours worked by project personnel and other direct expenses. The consultant will also cooperate/coordinate with the contractor for the WRIA 9 Habitat JnventOl)l for the Lower Green. Elliott Bay/Duwamish. and Nearshore sub-watersheds (SRFB Task 1). The products of this project will be an important component of that project and a limited amount of communication will need to OCCllr between the consultant conducting this project and the consultant conducting SRFB Task I. W ^ If-l to Roster Agl1ll1t IIROO-34-05 Supp III 7 Dclivcrablcs: .,/ Mollthlv status reports Estimated Schedule __.n_- Task Task Description 1 2 PJ¡olo-illlerprel(((ioll o{.S'/lOre/ille II ahitals field V eriReation of Photo InterpretatIOn Results Production of GIS Habitat Layers and Project Report Draft 3 Final 4 Project management Total ----------- Completion Date NO\.21,2003 Dee. 5, 2003 Jall.5, 2004 Jail. 31, 2004 Ongoing Jan.3l,2004 Estimated Budget A TT ACHEMENTS: Attachment I - Habitat Attribute Table Attachment 2 - GIS Data Layer Specifications W ^ In to Roster ^gnll1t 11R00-~4-0S Slipp III s GIS Layer Descriptions Habitat Characteristics How will we use Type of Details Attribute these GIS layers? Coverage Substrate - Low Interitdal . Substrate Line or Represent each substrate %, Dom./Subdom. diversity (% Polygon type as different color - Middle Intertidal different (need to use standard %, Dom./Subdom. types) substrate types) - High Intertidal % Dom./Subdom. - Supratidal % Dom./Subdom. Marine - Location . Lineal Line or Accompanying table Riparian - Average width distance of Polygon should define width, Vegetation - Distance from shoreline with length, whether it is (MR V) MHHW MRV adjacent to the beach or - Adjacent vs. separated by some sort Separated from beach . Area coverage of structure. - Species classification ofMRV - Age classification Color could represent -Overhanging classification (native- classi fication grass, native-shrub, (backshore vs. nati ve-deciduous, intertidal) nati ve-con i ferous, landscaped, non-native, impervious). Could combine with impervious surfaces within 200 feet of MHHW (see Anthropogenic Modifications). LWD - Feet shoreline covered Line or Need to further define Accumulations - Associated backshore Polygon feature Aquaculture - Tribal Aquaculture = Color code points or and Shellfish - Commercial Point lines by type (tribal etc.) Harvest Areas - Recreational Harvest = Line/Polygon Marsh - Location . Acres Polygon Need to define marsh - Size wetlands for habitat types (e.g. fringe, - Type chinook" dense dune grass). . % different habitat types W A It I to Roster Agl11l1t IIROO-34-0S Sllpp # I 9 l/ahitat ,\(tribute ( ïlaral'll'ri~(iC'. I ,1l,T;.' \ - \\,lh'I\1lhlll, \ \ ! II II 1 11," c' '. - ( UIIl'lIh \11\!l;.'~IH\ll' '\.,';\IShnrl' I ,'\ch - I !lk, i - Lightc\1lhule - PredOIl1IIl;I!l'. \"'Ill! directIon _n__- ------ ---- Sedlmellt Transport - Fccder Blull~ I,ocatloll Dlstallce li-oll1 MIII!\V ActIVIty ClasSIfIcatIon (cgq rù:cnt shde, slahk) I , ~ .. Dnlt cells D!rectlon ~~;~l~~vater - Stream Mouth ,,!dth ! ! - Out Lil I Type (stream dlalnagc, storm, wasIL', plî"atc) SIll' I:lc"atlon ( 'ondltlon -______I_=- Seep_- ,,-- Anthropogel1lc - Bank Armolîng ModIfIcatIons Iypc Siopc (% 01 \crtlcal vs sloped») DlStanec to MIIIIW \Vldth ('om\¡ tlon - (hen\atcr Structure IYIW Compas" Olîentatlon ('ont'1guralIon Numhel of p1lll1gs/ U\lllposltlon Dlstancl' to Mill (W SIze Number of boats it can support Anthro1l)g,'nlc 1- ---- - l~o;lt Ramp, W:\i;II(\I\(\'II,\~[I\1J1 1\()(I..~¡(h:-;IIJ)I) I 110\\ \I ill \\('II~(' thl'~l'(;ISLI\l'r,: . Proportion stream mouth~ I n1L'ctll1g h;lhl t;1I rCllLl\remenh' l.u"",,'.lc'di LlI1eal feet unarmored shoreline" ( 'U"",.I,:.II LIneal ICet \\0 o\cr\\'ater structurl'" !.U"","Ic'JI 11\ I ~ P l' II ( "1\ l'r;l~l' I I !l,' LlI1e I>l'tail, 1;1\\'1 II)] ,'d,'!' , h: [r;" 1,'1 IS Ii, I.ayer for each charactclîstlc (c\, Feeder blufr. table to represent dIstance from MIIIIW from LIDAI( data), Lme \\'Ith ¡ arro\\' L I ---I)-;~l-t--"- I ?~1C laYc~--!~)r stre~l~l~-~~ I another for out falls. and I i another lor ~eeps i I Need to consldcr tlmmg I for seep suneys (April I , May) , ---- ----------- LlI1e Polygon Polygon Need to get pIpes through r~~O_~(1j~I-lsl~_~ Color code by type and I 11I1k other charactelïsl1cs I bv I'1ble I .. < I , I <. 'o]or codc by type and i 11ll\-; other characteristics I b) table Habitat Attribute Modi fications (continued) Previous Habitat Enhancement Projects Characteristics How will we use these GIS layers? Type of Coverage Details -- Width Length Distance to MHHW Composition Condition - Marinas Polygon Could incorporate with MRV layer One layer with characteristics listed in table - Horizontal and vertical height a Indicates that the item is a metric to be used in Seattle's Salmon Report Card to the City Council. Other items related to long-term monitoring and ways Seattle or WRIA 9 may want to quantify changes. Jetty Fish Passage Overwater coverage (with and without boats) Number of pilings I composition Amount of fill/jetty - Impervious surface within 200 feet Polygon Type Area - Site location - Area - feet of shoreline covered Polygon W A II I to Roster Agmnt IIROO-34-05 Sllpp III II '\ I"L\I "c'; II'> 111 \ I c ' tlk \1.lllllc' ,I ( 11\ \\1 '1,--,[ I I:' lit L SI:J/I '-------- SlIIVCY ----~L,- ( '/'" h;' i14J ~~ - ¡ ( I ¡ , \ \ \ "\ -~ r ' J I t, I / I "---- ,~; i" I 1\ '\ , '¡ ~ ! I , ( ~i" / '~ )' ;' ;/~~ (~~ '~ """J( V ~l .".~ {:) <- - 'd habitat~, J OI1IYlil,n,lte" , i" arc to be \ 'I!tributes - ---------------------------- ' 'I" Elh,," -~ S ""I'I'~'>t:,"n tho _. I '- B",- , /' / ~, ",,', wd do," / \ [1 (, ~. / '\v ~< \ >(,,\ \J ) ~) ~ r ') cu'j\ l ~- \ ',\ ~l.~ \ ~lr~ ~..~ " "', \) g //"---' '\ .J- ~\/r.( h,d \ Survey .., c' , ~ \,~) I / - 'j (I, '.1111' I ¡WI), - -\ <' 1\\111 "-.\ I 1(1 1(I,ll'¡ . C' \ ' N /~ Figure 2: WRIA <) Marine Nearshore Area II Nearshore Subwatershed Nearshore Subwatershed W ^ III to Rostn ^gl1l11( IIROO-34-0S StIpp III 13 lIahilat Attributes \ttachlllelit I lIahitat \ttrilwtl' I ahle ( 'haracteristics Resolution NATURAL HABITAT FEATURES: : . "¡' : , '::',:' " " ' ,',' Existing ¡);taS(~~I~ce~-l i-~lJBST~f~LFL- --______m_____- - i Suhstrate* ----r~ Intn\Jdal (1()\\l1l1lldk hi l'II¡~ "'I,lhlhhl'cI ,lallddrdlú'd SI/l' c'las,;c,; he'l' Toft L't a1 200') ., EllIOtt Bay w1I1 also bc illcluded for 11m dttributc I )(Jl1llllalll Sllhd'"l1lll~lII1 Supra\icbl I)Oll1llldntSubdtlll1lllanl VEGETATION Marine Riparian Vegetatioll (MRV) u_---------- L \VD Aeeumulations * Needs further definition lìom WRIA t) ----------, I . " '" \' L'ltl~éi! .' II,LiI /(1ill" I Inll'l '"pralllLdl\\llhi'lIrlhc'l dcllllltlUIlUll11ll'illlLiI/tllll' i ,.. W;\ D\R Sh()el.on~ r Rapid Shurdlnl' In\cntory 2002, Penpk I<.>r Pugcl S(Jund - Parts of Va shan 8.: \1aury Islantls _I~ Toft el al. 200.\: Shilshole Bay shoreline V Ideo of Elliott Bay and Duwamish shorelines - Taylor and Associates 1 uf ,.. W A DI\R ShoreZone ,.. Seattk Urban Nature Project ,.. Rapid Shoreline Inventory 2002. People for Pugel Sound - Parts of Vashon 8: Maury islands r Kill::: County aeri3l photos r 1996 City of Seattle orthopholos , 1999 City of Se3ttle orthopholOS (0,5 foot res,) ,.. 2002 USGS/Homeland Security orthopholos (I fnot res,) ,.. 1992-1997 DOE aerial oblique photos ,.. KC land usc layer (28111 IW;cls) ,.. Toft et al 2003: Shilshole B3Y shoreline r V ideo of Elliott B3Y 3nd Duwall1ish shorelines -- Taylor and Associates , V ideo of Elliott Bay and Duwal11ish shorelines - Taylor and Associates ¡-', DOE-Coastal Atlas I r WDFW Regulations I - ------______n___- Location ---¡Parcel kvel. \\llhlli 2Ú<) fcc' A\cragc width ! \!I!IIW Distance from ¡vIII II W AdJacent vs, separated from beach COl1111lUl11ty COI11I,(Jc;ltll\1l (nollllatí\',', 1l~lll\,'-"I~h' etc ) Agc classiticatlo1J (0-30, .\0', de ) Overhanging classification (prcsence, feet overhanglll!;, overhanging back,;horc or. inlertld31) ______n_- , feet of shorelllll' (()\cll'l1 Associated bacbhore feature ----- --------- BIOLOGICAL ATTRlBUTES Aquaculture/Shellfish I~~Trihal Harvcsting Areas " ., "".", ,R..""""""'" . ('ollll11L'rCia I \\ ,\ I 1<> 1'(hllÏ\~11l11l ;:R(I()-,~cf-()~ Supp 0, '" L!(JJI.é.<>D,I~1 Where ma(,J\ break,; III substrate OCCUI ----------- Habitat Attributes Characteristics Resolution Existing Data Sources Marsh Habitat . Need to define r W A DNR ShoreZone PHYSICAL PROCESSES Energy . Wave Exposure Landscape, existing ,.. W A DNR ShoreZone . Wind Exposure information only r DOE-Coastal Atlas . Alongshore currents . Nearshore currents . Fetch . Tides . Light (solar) exposure . Predominant wind direction Sediment Sources Landscape, existing > W A DNR ShoreZone . Feeder bluffs and other infonnation only > DOE-Coastal Atlas sediment sources (banks, » Topography infonnation streams, etc) (LiDAR) . Bluff distance from » DOE Slope Stability MHHW Maps Transport . Seasonal changes in grain size, movement on and offshore . Drift cells (drift directions) Depletion/accretion zones Freshwater Inputs Natural Streams Every outfall, pending cost » City is mapping outfalls - . Location location, condition, and . Size type (stonnwater, wastewater, private) » W A Trout: southern KC Outfalls basins, Vashon/Maury . Type islands . (stonnwater, waste, ,.. Topographic LiDAR private) > Seattle urban creeks data . Size > Video of Elliott Bay and . Elevation Duwamish shorelines - . Condition Taylor and Associates Seeps Location ANTRHOPOGENIC MODIFICA nONS ; W A III to Roster Agl11nt IIROO-34-05 StIpp III 2 L-n-i-i;;b¡"t;tAtt ri b u-t-cs Bank Armorin~ * Elhott Bay will also be IIlcluded for this attribu(c Characteristics Resolution ____n- Type Parcel level (riprap, bulkhead, grolll, etc.) Slope Location in relatIon to MIIIIW Width ConditIon Overwater structures Parcel level * Elliott Bay will also be included for this attribute . Type (e.g. dock, pier) Compass orientation Configuration Location in relation to Fill * Elliott Bay will also be included for this attribute u_-------------- MHHW Size Number of pilings/ composition Composition ConditIon of structure . Number of boats it can support Depth of water around it Presence Stability Composition Location in relation to MHIIW Area/volume \V ¡\ III to Roster AgJllI1t IIROO-34-0) Supp III Parcelleve1, pull from topography and bank armonng information - ---. -n- -- --- 3 __u_Ex¡sti!!g})ata Sourcc5...- r Topographic LiDAR fì'om the Puget Sound LiDAR consortium covers all of WRIA <) I-foot resolutiOlL 3-) foot horIzontal accuracy. King County acldlI1g to their GIS layers right 110\\. Aerial ortho photos (Seatt!c and King County) 2002 USGS/Homeland Security orthophotos (I foot res.) r DOE aerial oblique photos Toft et al. 2003: Shilshole Bay shoreline Video of Elliott Bay and Duwamish shorelines - Taylor and Associates Rapid Shoreline Inventory 2002, People for Puget Sound - Parts of Vashon & Maury islands Washington Trout Vashon and Maury Islands Topographic LiDAR Aerial ortho photos (Seattle and King County) 2002 USGS/Homeland Security orthophotos ( I foot res.) DOE aerial obltque photos Toft et al. 2003: Shilshole Bay shoreline Video of Elliott Bay and Duwamish shorelines - Taylor and Associates Rapid Shoreline Inventory 2002, People for Puget Sound - Pal1s of Vashon & Maury islands Washington Trout - Vashon and Maury Islands Topographic LiDAR City of Seattle (DCLU) working with David Montgomery to map areas with fill ¡; r r ,..- r r r r ¡; ,. r ,..- r r r Historic tideland maps __~_n-_--'------ --- Habitat Attributes Boat Ramps Marinas * Elliott Bay will also be included for this attribute Impervious surfaces within 200 feet of MHHW * Elliott Bay will also be included for this attribute Previous Habitat Enhancement Projects: . Characteristics Width/length Slope Location in relation to . . . MHHW Composition Condition . . Jetty Fish Passage Overwater coverage Number of pilings/ composition Number of boats designed for Amount of fill/jetty (placement in relation to tidal elevation) . . . . . . Type (semi-perm., perm., etc.) . Area . Site location . Horizontal and vertical height W A If I to Roster Agmnt #ROO- 34-05 Supp # I , Resolution Parcel level " r Existine, Data Sources Topographic LiDAR Aerial ortho photos (Seattle and King County) . 2002 USGS/Homeland Security orthophotos ( I foot res.) DOE aerial oblique photos Toft et al. 2003: Shilshole Bay shoreline Video of Elliott Bay and Duwamish shorelines - Taylor and Associates Topographic LiDAR Aerial ortho photos (Seattle and King County) 2002 USGS/Homeland Sec~rity orthophotos ( I foot res.) DOE aerial oblique photos Toft et al. 2003: Shilshole Bay shoreline " r :r " r ~, r " r Parcel level );> );> );> );> );> Parcel level );> Aerial ortho photos (Seattle and King County) 2002 USGS/Homeland Security orthophotos (I foot res.) DOE aerial oblique photos Vashon/Maury Islands photo interpretation (rest of KC on the way) Federal Way has imperviousness by sub- basin );> Video of Elliott Bay and Duwamish shorelines - Taylor and Associates );> Rapid Shoreline Inventory 2002, People for Puget Sound - Parts öfVashon & Maury islands );> Seattle Urban Blueprint );> WRIA 9 staff and Seattle employees );> );> > > All locations 4 Attachml'lIt 2 GIS Data Layer Sll'cifìcatiolls Da ta Forllla t ,-------- -- Thc prclClTcd format for \n:tor data IS Arc/Info co\cragcs or Arcvlcw shapcfilcs. Spatia] raster data \\iI bc In Arc/Info GRID forlllal. Arc/Info eovcrages and (iRIDs will bc distributed 111 Arc Interchangc forlllat (.eOO) The Are Interchange fIles may be compressed \\Ith a program such as WII1/lp or ~Ulp If required Images \\111 bc gcorclCrcnced and 111 a format supportcd by Arc/Info. Arc\'lcw. and Arci'vlap. (icoT!!'!-!s the pre felTed I mage formal. Pr01ection All data will be in the Washll1gton State Plane North /one (NAD 83) coordll1ate system wIth the map units in feet, the vertical datum as North American VertIcal Datum 1988 (NA VD 88). Any elevatlona! references should also include a reference to mean lower low water. No shi fts to the Easting or Northll1g values arc permissible. Vertical units should be in feel. Metadata -------- Metadata \VIII accompany all data. The metadata willll1cludc the data source/refcrencc, date of sourcc. scale of source, data collection methods, processing steps, and a contact name. Any known 11l11ltalions of the data or restrictions on use of the data will also be lI1cluded. Data Dictionary A data dIctionary will accompany all data. The data dictionary will describe the attributes of the data and list the possible values for each attribute item. In cases where there arc not a discreet number of possible values, a rangc of values may be used instead. Media All data will be on CD or other acceptable formal.