LUTC PKT 09-03-1999
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City of Federal Way
City Council
Use/Transportation Committee
September 3, 1999
12 :OOpm
MEETING AGENDA
1.
CALL TO ORDER
2.
APPROV AL OF MINUTES
3.
PUBLIC COMMENT (3 minutes)
'+.
COMMISSION COMMENT
5.
BlISr'iESS ITEMS
A 2000 Legislative Agenda Info
B. Sign Compliance 2000 Info
C. SW King County Development Forum Info
D. Update on Planning Commission Items Info
Matheson/20 min
McClung/30 min
McClung/I 0 mill
McClung/IO min
6.
FUTURE MEETING AGENDA ITEMS
Open Cut of ROW vs Boring
Endangered Species Act Update
SWManagementiDepartment of Ecology
Ordinance & Manual Package
I.
AD JOURN
City Staff
Stephen CI!lton. Direct('i', Community Development Service...
Sandy Lyle, Administrative Assistant
253.661.41/6
Committee Members:
Phil Watkin~, Chair
Jeam;e Burbidge
Mary Gates
I \LU- T:lANSlserJLUAWPD
City of Federal Way
City Council
Land Use/Transportation Committee
COMMITTEE OF THE WHOLE
August 5, 1999
5:30pm
City Hall
Council Chambers
SUMMARY
In attendance: Committee members Phil Watkins (Chair), Committee Members Jeanne Burbidge and Mary Gates; Deputy
Mayor Michael Park; Council Member Linda Kochmar; Deputy City Manager Philip Keightley; Director of Community
Development Services Stephen Clifton; Public Works Director Cary Roe; Assistant City Attorney Bob Sterbank; Assistant to
the City Manager Derek Matheson; Deputy Public Works Director Ken Miller; Streets Systems Manager Marwan Salloum;
Project Engineer Al Emter; Administrative Assistant Sandy Lyle.
1. CALL TO ORDER
The meeting was called to order at 5:30pm by Chairman Phil Watkins.
2. APPROV AL OF MINUTES
The minutes of the July 28, 1999, meeting were approved as presented.
3. PUBLIC COMMENT
There was no public comment on any item not included in the agenda.
4. COMMISSION COMMENT
There was no additional comment from any of the City Commissions.
5. BUSINESS ITEMS
The item of business was a presentation by Central Puget Sound Regional Transit Authority, Svedrup Civil, Inc., and
EMRA, Inc., Architects and Planners, on the 30% design concept of the Federal Way Transit Center and the Star Lake
Park & Ride Project. Present were City staff, Council Members and members of the Economic Advisory Committee.
The presentation included project background, conceptual design facades and elevations. Mixed use retail is proposed
for inclusion at ground level along the south edge of the structure. Affordable housing and other potential uses were
discussed as a possible future use to the east of the transit structure. Security, elevators, stairs, lighting and pedestrian
safety were also discussed. The Council was pleased at the progress made on the facility design and supported the
direction the Project Management Team is heading.
6. FUTURE MEETINGS
The next meeting will be held at 12:00pm in City Council Chambers on Friday, September 3, 1999.
7. ADJOURN
The meeting was adjourned at 6:25pm.
I:\LU-TRANS\aug5LUS,WPD
~ERAL
~~ A'Y"
MEMORANDUM
DATE:
September 3, 1999
TO:
Land Use & Transportation Committee
Derek Matheson, Assistant to the City ~ /
2000 Legislative Agenda and Position Paper
FROM:
SUBJECT:
Bac~round:
Attached is a draft copy of the City's Legislative Agenda and Position Paper for the 2000 Legislative
Session. The document has been revised fÌ'om last year to address current issues such as housing
capacity and buildable lands, gambling and social card rooms, district and municipal judges, electronic
commerce, and other issues.
Staff is presenting the document to all Council Committees for feedback and will forward it, along
with possible amendments) to the full Council on September 21, Sections of this document
specifically pertaining to the Land Use and Transportation Committee include Land Use and
Community Development; Law and Justice (Gambling) Liquor Control, and Adult Entertainment
subsections); and Public Works, Parks, and Environment.
Recommendation:
Information only,
City of Federal Way
Leeislative Aeenda and Position Paper
f999 2000 Legislative Session
General Policy
The City of Federal Way supports state legislative efforts to encourage cost4ective regional policy planning and
delivery of government services, balanced by local program implementation, These efforts must be focused on
eliminating duplicate services and preserving local control over service delivery. The City also supports legislation
which enhances local flexibility to address issues oflocal concern. The City opposes legislation which mandates
increased local costs or which results in an inappropriate diminution of local authority over local affairs.
General Local Government
Home Rule
The City of Federal Way strongly supports the adoption of a constitutional home rule amendment which would
guarantee decision-making authority for local matters at the local level. The City also urges the Legislature to
refrain from enacting legislation that adversely impacts the concept oflocal self-government or restricts the ability
of cities and towns to exercise existing power,
Mandates
All local governments have been impacted by the elimination and reduction of various federal domestic aid
programs. Changes at the state level have also affected local government revenue options, Equally important are
the growing number of mandates passed from the federal and state governments to local governments; mandates
which are not accompanied by additional resources. Delivering public services requires a strong state-local
partnership, and local revenue needs must be recognized when new programs are enacted or if the state revenue
system is restructured.
As directed by Initiative 62 (RCW 43.135.060), Federal Way strongly urges the Legislature to cease imposition
of additional financial or operating burdens on cities unless such mandates are compelled by an overriding state
interest and are accompanied by financial resources to accommodate the costs of compliance,
Public Records
Federal Way finnly supports the right of the public to have access to the records and operations of local
government. The City supports legislation to define the calculation of cost recovery fees for records retrieval from
municipal electronic information systems.
Advisory Boards
Federal Way SUOoorts clarifvin2 the abilitY of city council-aDoointed advisory boards to analyze the imoacts of
ballot ofOoositions and make recommendations to city councils. Althou2h city councils are allowed to take
oositions on ballot orooositions. the advisory boards uoon which thevfreauently relvfor analysis and advice aODear
to be inadvertently preempted from PfOvidin2 analysis and advice in these matters.
Adopted 9/99
YUI 2009 Flobkm
PcdGrai W,.-, !apports legislation that "oaId protect looaI gðyCfll111Cftts aM thGi. clœtcd official!! GmpicJocs from
H.müït, and ha1:m caascd '" incouoctl.] caIadatcd Of mtcIprctcd œtc5 associated "ith tIK Year 2006 (Y2K)
11 obkm,
Finance and Economic Develooment
State Fiscal Policv
Motor Vehicle Excise Tax
Federal Way opposes any reduction or redirection of the Motor Vehicle Excise Tax (MVET) that restricts or
lessens MVET support for local programs unless equal revenues that accommodate inflation are substituted.
CunentMVET -funded programs include sales tax equalization, public health, criminal justice, the Municipal
Research and Services Center (MRSC), and transit and transportation funding for cities.
Amended 9/99
Electronic Commerce
Federal Wav SUOoorts efforts to deveIoo a taxation system for electronic commerce that ensures a level oIavin2
field for electronic and non-electronic businesses.
Adopted 9/99
State Tax RoD Back/Expenditure Limitation Efforts
Federal Way receives significant support from state-collected, locally-shared revenues. As such, the City
opposes efforts to alter state fiscal operations unless they enhance City receives,
Sales Tax Non-Remittance Penalties
The City SUODOrts allocatin2 sales tax non-remittance oenalties to all affected jurisdictions usin2 the same
orooortional allocation SYstem that is used for distribution of re2Ular sales tax collections.
Adopted 9/99
Continuation of Grant Programs
Federal Way opposes any erosion in its financing sources and strongly encourages the Legislature to maintain
Criminal Justice Funding and other grant programs which support local program operation,
Local Finance
Sales Tax Exemption for Parks and Cultural Arts Facilities Construction
Labor costs for the construction of road, street, and trails projects are currently exempt from state and local
option sales taxes. Federal Way supports extending this exemption to all capital improvement projects,
Tax Increment Financing
Tax increment financing allows cities to pay for the infrastructure costs related to development or
redevelopment projects by earmarking the tax revenues attributable to the increase in tax receipts over current
receipts in the apportionment district. The tax increment would be dedicated to paying the debt service on
the bonds issued. After the bonds have been retired. the tax increment would be distributed in the same
manner as other non-increment property taxes, The overriding benefit of tax increment financing districts
would be to facilitate quality and comprehensive development, and redevelopment of our community, Federal
Way thus supports efforts to amend the state constitution as necessary to accomplish a tax increment financing
program.
Voted Excess Levy for Capital Improvement Bonds
Municipalities should be authorized to seek voter approval for an excess property tax levy to fund capital
facilities projects. The levy could be used for projects on a pay as you go basis or for debt service on bonds.
The levy would not be tied to one project, but could be used to realize any of the projects in the adopted
facilities plan. The bonds would be unlimited general obligations of the City, Voter approval would be by
simple majority. Benefits of this option include the development of a comprehensive community tax policy
to deal with its infrastrocture needs using a multi-year business plan approach,
Voter Registration Maintenance Costs
State law presently allows counties to charge cities to maintain voter registration records. This law, passed
in 1987, when the counties took over voter registration from the cities, did not include a sunset provision to
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eliminate the charge when the transition was complete. Furthermore, these charges are not uniform, ranging
from $,22 to $1.55 per voter. State law does set a $.30 maximum charge for smaller cities, but does not specify
a charge for larger cities. King County collects over $1 million in voter maintenance fees each year, which
should more than cover the cost of minor data entry changes. Federal Way supports legislative changes which
would standardize this charge in a manner which accurately reflects the cost of maintaining voter records.
Economic Development
Economic Development Funding Sources
Federal Way supports new funding sources for local economic development, accompanied by significant
latitude in the use of funds to allow cities to meet diverse local economic development needs.
Economic Development Partnerships
Federal Way supports government partnerships with the private sector for the purposes of promoting quality
governmental services and economic vitality.
Personnel and Labor Relations
Civil Senrice Reform
Federal Way supports civil service reform for police officers that allows cities to streamline hiring processes,
diversify workforces, and recruit, retain. terminate and reward employees.
Police and Fire Arbitration
Federal Way supports legislation that would make mandate that arbitrators in binding interest arbitration with
police and fire personnel to consider the following factors in making an award: a) the city's financial ability to
meet the costs of the contract, giving due consideration and weight to other competing city services and priorities
as determined by the City Council; b) local labor market conditions, c) internal equity with other city employees,
and d) efforts by new organizations to move away from traditional methods of compensation in favor of innovative
compensation strategies (such as incentive pay).
Limit Liability for Reference Checks
The City supports legislation that would provide local governments with immunity from civil liability for
disclosing information about an employee's job peñonnance during a reference check.
Prevailing Wage
The City of Federal Way supports legislation to clarify that maintenance activities peñormed by contract, like
those peñormed by regular employees, are exempt from prevailing wage requirements. Current law creates a
disincentive for the use of contracting by local government entities.
Land Use and Community Develooment
Special Purpose Districts
Assumption of Special Purpose Districts
The existence of multiple wban service providers inside urbanized areas is inconsistent with the values of the
Growth Management Act, which states that cities are the appropriate providers of urban services in these
areas. The City therefore supports kgislafton "Wbi,h simplific.s and Glmifks continued lee:islative efforts to
simDlifv and clarify the circumstances under which a city may dissolve and assume jurisdiction mer the
functions of a special purpose district, and opposes any legislation that "Wouid efforts to diminish that authority
of cities - especially within city limits and potential annexation area§. (P AA) bct.mda1 Ïcs,
Amended 9/99
CðliS(.J . Aticm Districts
ThG Crt, mpports clfðrts tð OOftSCI.G natural rcSOIlt'CGS "Within diG c.ity and within the. region as a wbole MId,
"Wt.GIG appmpIÌatc, supports the use. of c:onscnation districts to fimd and pio.idc. OODSChafton rclated
3
Ïftlprthcmœts that alG not pI<nidcd b, local goWCiftmCftt. The. CitJ dœs not support, hoftC.GI, special
MSGSSmGnts whiGh dnpticate. assc.ssmcn.ts imposed b, A city for co.nsc.hation pufposc.S attd "hi~ do ftðt
plOy ide. additional beftGfits to pl'OpClÛGð "ithin the. cit]. 'fh<. City thcIcfOIG opposes an, legislation that wOtdd
mandate. iftclasion of a crt, 01 plopc.rtkS ..itbin it in A COMC.I.ation disbicl.
Capital Facilities Planning
Federal Way supports Legislative measures to ensure that special purpose districts and ports are required to
prepare capital facilities plans on a regular basis that are consistent with the planning done by cities and
counties.
Growth Manaflement
Growth Management Act
Federal Way endorses the Growth Management Act (GMA) as an essential and responsible planning tool.
However, the Act creates challenges for state, county and cities. To meet these challenges, the Legislature
must continue to monitor the efforts of local agencies, and address any necessary additional refinements to
the Act in an effective and timely manner, Such refmements may include clarification of the role and
responsibilities of the state in developing policies and capital plans in conformance with locally adopted
comprehensive plans, assuring the adequacy of funding sources to provide adequate infrastructure, urban
services, housing and employment opportunities within urban growth areas. The Legislature must also act to
provide sufficient time, technical and financial resources to cities completing growth management planning.
Land Use Decisions and Permitting
Federal Way supports legislation that further defines, coordinates, simplifies and streamlines land use
decisions and permitting under the GMA as well as under the State Environmental Policy Act and the
Shorelines Management Act. Such legislation should balance the benefits of statewide uniformity with the
need for local communities to govern themselves.
Housin!: Tal"2etsfBuildable Lands
Federal Wav stronl!lv ooooses efforts to break GMA twenty-vear housine tareets into smaller time intervals.
as well as efforts to bold cities resoonsible for bousine market oerformance rather than the content of their
comorehensive olans, The City also ooooses the imoosition of additional reoortine reauirements under the
buildable lands review and evaluation oro2raßl that are not accomoanied bv reauisite fundine:.
Adoø1ed 9/99
Growth Management Hearings Boards
Federal Way supports legislation recognizing the need for local flexibility in effectively implementing the
GMA and requiring Growth Management Hearings Boards to defer to local decisions, policies and processes
implementing the goals of the GMA when these actions are otherwise consistent with the GMA.
Boundary Review Boards
The City supports elimination of Boundary Review Boards, These non-elected boards have been rendered
obsolete by Potential Annexation Area (PAA) planning under the GMA.
Shorelines Management Act
The City supports Glintlnating the reqailGftKnt that local go.GmmCfttS plcp8fG scpatatc shorclilKS
mana.gc.mcnt plans continued efforts to intelUate shoreline manaeement olannine: into local comorehensive
olans and eliminate the reauirement for seoarate shoreline master olans, Similar pbms already Gxist as
clcm.Gfttsof~nsi.GplMlS tbatM1Gbecnth0r6ugh1, IGw~cdby thGDcpartmcntofCcmttlmnity, Track
Mld Ecoftonlit I)G,clopmcm:. Separate state-level shoreline use permits should also be eliminated in favor
of permits issued by cities in accordance with approved comprclK.nsi.G plans,
Amended 9/99
GMA Impact Fees
Federal Way SUOoorts continued local authority to collect GMA-based imoact fees at the time a buildine:
4
oermit is issued.
Adoøted 9/99
Technical Amendments to Comprehensive Plans
Federal Way supports legislation authorizing GMA-planning cities to adopt technical amendments to their
GMA plans and regulations more than once a year.
Annexation Law
Federal Way supports current state law regarding annexations. The City also supports retention of city
authority to review the impacts of an annexation on the overall operation of the City and to make the final
determination regarding acceptance of petitions for annexation. The City supports legislation that would
reduce boundary adjustment requirements, clarify franchise relationships between trash and garbage haulers,
expedite transfer of property tax from the County to the City, and provide direction for land use and
permitting functions in newly annexed areas,
Buildine: Code Council Jurisdiction
Federal Wav SUDDOrts continued State Buildin2 Codes Council jurisdiction over the Unifonn Buildin2 Code.
Plumbin2 Code. Mechanical Code. Fire Code. and other state codes now under its jurisdiction.
Adoøted 9/99
Land Use Dispute :Resolution
Federal Wayalsa supports practical solutions to private property disputes that address specific concerns ofproperty
owners, including regulatory refonn if necessary, These solutions should not alter the Constitutional definition
of takings, place an undue financial burden on taxpayers, or diminish local governments' ability to protect the
public health, safety and welfare of their communities.
Forest Permits
The Department of Natural Resources is presently authorized to issue Class n and Class III Forest Practice
Permits, which allow logging without review by municipal authorities within urbanized areas contained within
city limits or designated urban growth boundaries. Class IV pennits, however, do require municipal authority
review. The past practice of issuing these permits has precluded city governments from providing appropriate
controls to deal with the erosion and sedimentation in those permitted areas, As well, the uncontrolled logging
of parcels within an urban area has precluded local government from providing regulations to help ensure
that the property properly transitions into appropriate urban development.
Therefore, Federal Way supports state legislative efforts to require that all Forest Practice Permits issued within
the city limits or within the designated wban growth boundary be subject to the same local government review
process now provided in the consideration and issuance of Class IV Forest Practice Permits. Alternatively, cities
should be allowed to adopt and enforce land clearing, significant tree protection and related issues for Class n and
ill forest permits.
Social and Human Services
Support for Human Services
Federal Way supports legislative action that will maintain support for human service programs including those
which may be delegated to the state from the Federal Government. Such legislative action should ensure
appropriate local government input into development of block grant dispersal regulations or procedures and into
development of any new processes to assist or support low-income, high-need populations.
Affordable Housing
Federal Way supports efforts to identify a dedicated funding source for affordable housing which is acceptable to
developers, realtors, and state and local government.
Collaboration with School Districts
Federal Way supports efforts by the state to provide incentives to cities and school districts to work collaboratively
in addressing local youth issues. Such collaboration should go beyond historical roles of each local agency.
5
Local Public Health
Contractual Funding
Federal Way opposes efforts to reestablish contractual funding arrangements for public health services.
Boards of Public Health
Federal Way supports local government representation on County boards of public health.
Youth Issues
Funding of Youth Programs
Federal Way supports legislation improving funding to local governments for initiating and expanding youth
services, especially programs that achieve reductions in youth violence.
Child Care
Federal Way support budget provisions to enhance the Department of Social and Health Services' (DSHS)
ability to enforce its day care licensing requirements, to improve support services for daycare providers, and
to ensure the accessibility to child care for all citizens, In addition, the City will carefully monitor legislation
clarifying its role in regulating the siting and operation of daycare facilities,
Child Abuse
Federal Way supports funding for programs designed to prevent child abuse/neglect.
Law and Justice
Fundinf! Issues
Dl1Ig Seizure Funds
Federal Way supports efforts to enhance the ease with which cities can apply for and receive drug seizure
funds and particularly supports the expansion of the definition of what those funds can be expended upon to
include all law enforcement functions,
DUI Cost Recovery
The City supports continued legislation to strengthenDUllaws. Federal Way also supports legislation to allow
recovery of necessary public expenses, including detention costs, which result from incidents involving
impaired driving convictions.
Costs of IncarcentioD
Federal Way supports legislation that would do away with the current limit of$50 per day that can be assessed
as jail costs against a person convicted of a misdemeanor. The city would support legislation that would allow
the city to impose a calculated amount representing the city's actual costs of incarcerating the individual.
High Crime Law Enforcement Grants
Federal Way supports changing the state's criteria for awarding High Crime Law Enforcement Grants.
Current grant practices provide year-te-year grant funding to cities that have 125% of the state average for
eight specific crimes, but immediately terminate funding once the crime level drops below the 125%
threshold. This practice creates a disincentive for innovative policing and punishes successful police
departments. Funding decisions should instead be based upon a city's policing strategies and its crime rate
over a longer period of time, such as five years,
District and Municioal Courts
District Court Jud2es
Federal Wav SUDDOrts lecislation allowin2 counties to determine the aDDroDriate number of district court
iud2es within their jurisdictions,
Adopted 9/99
6
Municioal Court Jud!!e8
The City ooooses le2islation that would mandate the election of municioal court iudees who work less than
thirtv-five hours Der week. The City also ooooses differentiation between full-time and Dart-time municioal
iudltes in anv le2islation that imolements oartial or total state fundin2 of municioal iudicial salaries.
Adopted 9/99
Municioal Court Commissioners
Federal Wav SUOoorts le2islation clarifvine that municioal court commissioners have the full authority of
municioal court iudees. and that state statutes referencin2 the authority of district court commissioners also
refer to municioal court commissioners.
Adopted 9/99
Court Revenues
Federal Way ooooses any effort to increase the Dercentalte of district and municioal court revenues that must
be remitted to the state,
Adopted 9/99
Gamblinfl. LiQUor Control, and Adult Entertainment
Gamblin!! Establishments
The City SUOoorts 2ivinlt localeovernments the authority to reeu1ate the sitine of eambline establishments
and enact moratoriums on the acceotance of aoolications for eamblin2 establishments. The City also SUOoorts
le2islation allowine the state Gambline Commission to limit the number of licenses it aooroves for a 2iven
eeo2l'3.Dhic area.
Adopted 9/99
Card Room and Liquor Licenses
Federal Way strongly supports any efforts to make the commercial liquor license and house-banked card room
license application processes more accessible to the public, A public hearing process would improve access
by the community and would encourage greater input and comment from all interested parties. In addition.
liquor license applications should be make made available for public inspection and subsequent written
comment at the localeovernment level. Appliamt ",ouId nœd to þlacx. A publiG notice. in papGJ advGrtisiftg
the; license. and the; AvailabHit] ðf application materials.
Amended 9/99
Liquor Control Board
The state should conduct a peñonnance evaluation/audit of the liquor control board as it relates to its mission
of regulating liquor for the sake of our state's communities, The Legislature should restructure/reaffirm
Liquor Control Board as mandated by audit.
Adult Entertainment
The City supports model ordinance legislation for adult entertainment consistent with the provisions of
Federal Way's adult entertainment ordinance which have been sustained through numerous court appeals.
Adult Retail
Federal Way supports authorizing local governments to minimize the negative secondary impacts of adult
retail establishments on their communities by adopting strict requirements for location and hours of operation,
Secondary impacts have been documented by a number of studies and include increased criminal value,
diminished neighborhood character, and downward pressure on property values.
Law Enforcement Issues
Local Law Enforcement Authority
Federal Way opposes legislation and/or other efforts to remove the authority of municipalities to provide local
law enforcement services, including special services, regardless of the potential for service contracting. The
City also opposes actions or legislation which would transfer incarceration responsibilities from the state or
county to municipalities without additional funding.
7
Police Officer Jurisdiction
As a part of the state's certification of police officers, make officers able to enforce the state's laws anywhere
in the state. This would reduce the liability for cities with officers who assist with incidents outside the city's
borders. As it stands now, jurisdictions must exchange letters giving consent to officers to enforce law outside
of their jurisdictions.
Police Officer Privacv
Federal Way SUDOOrts efforts to Drotect the identities of law enforcement oersonnel by eliminatine: Dublic
disclosure reauirements for officer names and addresses. allowine: orivate entities such as credit ae:encies to
withhold officer names and addresses. and allowin~ officers to relrister oersonal vehicles at their Dlaces of
emolovment.
AdO)1ed 9/99
Radar Testimony
Current state law requires law enforcement agencies and prosecutors to utilize the testimony of expert
witnesses, when the defense specifically requests said witness, to introduce the speed readings of radar
detection devices, The National Highway Traffic Safety Administration has established minimum performance
specifications for speed measuring devices that create reliability sufficient to justify their acceptance. Many
traffic infractions were decriminalized to create a unifonn and expeditious system for adjudication, yet these
expert testimony requirements have cost the City thousands of dollars each year, and causes unnecessary
disuússals and delays.
Federal Way supports legislation allowing for the admission in court of the readings of speed measuring
devices without the need for additional expert testimony if the device satisfies specific requirements
established by the Legislature. Federal Way would also support alternative legislation which would allow the
City to impose the cost of witness fees in cases where the infraction is found to have been committed.
Juvenile Issues
Parental Accountability
Federal Way supports legislation which makes parents more accountable for their juvenile offender children.
Disposition Standards for Juvenile Offenders
Federal Way supports legislation revising the current juvenile disposition standards to provide stronger
sanctions for chronic, uúsdemeanor behavior for juvenile offenders and to pennit the court greater discretion
to impose detention or some fonn of secure treatment in cases of juvenile offenders who have prior criuúnal
histOlY,
Emergency Communications
Federal Way opposes the creation of a E-311 non-emergency communications system. Rather, efforts should be
made to further educate the community about the use of the existing E-911 system and existing 7 -digit non-
emergency lines.
Empty Chair Defense
Federal Way supports legislative action related to tort refonn to clarify that the defendant should not be required
to mandatorily join all potential" at fault" entities into litigation, or have to risk losing the ability to apportion fault
to the third party(s). Any move to the contrary would inappropriately shift the burden of proof from the plaintiff
to the defendant in proving fault.
T. _IpGa tAthm, P A. ks, _d mf. uta ada. e Public Works. Parks. and Environment
Transoortation Issues
Transportation Funding Reform
Federal Way supports continued refonn of state funding for transportation to include a broad range of funding
8
solutions able to address traffic congestion. growth and High Capacity Transit alternatives. Such reform
should seek funding sources, which will be dedicated to major local transportation projects, keep up with
inflation, and will provide the city with local option revenue authority for the expansion. maintenance and
operation of local transportation systems.
Public Works Trost Fund
The Public Works Trost Fund (PWTF) benefits many local governments with dependable, long term funding
for repair and reconstruction of local public works systems, The Legislature is now required to approve an
annual list of projects, but has never deleted a project recommended by the Public Works Board. Federal Way
supports continued allocation of funds to the PWTF and SUDOOrts elinùnation of the c.liminatitig the.
Legislative approval requirement for ammal di5b ibatioft fr om the. Patlie Worb Trust Pand. Expediting the
approval process would facilitate the construction of these projects by the summer construction season.
Amended 9/99
Bidding Procedures and Limits
Federal Way supports efforts to streamline state laws and regulations governing the bidding process, giving
cities greater flexibility in bidding procedures and limits. This could include raising the ceiling for small
works roster projects from $100,000 to $1,000,000 to reduce the costly bid process.
Public Works Project Definition
The City supports defining small public works projects as those costing less than $100,000 and exempting
such projects from the state's Public Works Projects definition, The current definition of small public works
projects is easily confused and is applied inconsistently across different local jurisdictions.
Transportation Improvement Plan
Federal Way encourages efforts to secure state support for City priority transportation projects as outlined in
the City's 1999 299-4 2000-200S Transportation Improvement Plan.
Amended 9/99
Water Resources
Salmon Issues
State initiatives related to salmon habitats should contain local components that recognize the vast diversity
of conditions across the state. In addition. all state initiatives and processes related to salmon should include
meaningful input from local government.
Water Resource Management
Addressing water resource management issues will require increased intergovernmental coordination among
local and regional governments and the state. Federal Way supports continued state financial assistance for
water supply, wastewater management, groundwater protection. and storm and mace water facilities and
programs, These programs are especially important in complying with state and federal water quality
standards (NPDES, National Pollution Discharge Elimination System). The City also supports retention of
the authority oflocal water districts to manage their assets, participating in regional planning as appropriate,
to provide and protect for the current and future water needs of their customers.
Flood Damage Reduction
Federal Way contains a number of flood prone areas, both developed and undeveloped which require
specialized planning. Recent proposed flood damage reduction legislation was flawed, partially due to the fact
that is was based on an overall floodway approach, which does not consider all flood prone areas in the state.
The City supports comprehensive flood damage prevention planning accomplished at the local level as a
partnership among impacted cities, the county, state and affected area interests. Each flood prone area is
unique and should be planned for accordingly. Locally developed and adopted flood damage protection plans
must seek to establish a balance between the need for appropriately designed growth and the need to reduce
further flood damage.
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Parks and Open Space
Federal Way encourages efforts to secure state support for Cit] priom, parks and open space projects as outlined
in tIK CitJ's Comp.GhGnsi.G Patk, RGc;rGatiOft and Open Space PI.. local Dlans. This support could include
legislation ,.bich ,.ouId to exempt public park and public cultural arts facility construction from state and local
option sales taxes,
Amended 9/99
Funding of county-wide recycling programs
Federal Way opposes efforts to fund county-wide solid waste by allowing counties to collect a fee directly from
customers of city franchisers. Cities are the appropriate collectors of these fees through city-negotiated solid waste
franchise agreements.
Enem and Telecommunications
Telecommunications
Federal Way continues to strongly oppose legislation which would preempt local authority over such items as pole
attachments, cellular tower siting, cable refranchising, and telecommunications charges,
Federal Way supports IcgisiatiOft that continued Lelrislative efforts to protects the right of local governmen~ to
negotiate right-of-way agreements and exercise other controls on the operation of telecommunication business in
the public rights of way,
Amended 9/99
Utility Facility Relocation
Federal Way supports efforts to affirm the duty of private utilities to include bearing the cost of relocating their
facilities within city rights-of-way when requested by a city.
Tax Collections by Out-of-State Providers
State law should require out -of-state electricity providers to collect state and local utility taxes on services provided
to customers within the State of Washington.
Electric Industry Regulation
Federal Way supports energy utility regulation based on the following principles: a) Local governments should
retain the authority to manage industIy facilities within the public right of way and the authority to tax the utility
providers, b) Electricity service should be available to customers at prices that are reasonable and affordable, c)
A non-economic bypass and the inappropriate shifting of costs of the electric system between or among customers
do not constitute fair and efficient competition, Customers of continuing monopoly service should benefit, at least,
not be harmed, from choices made by customers with access to competitive options, d) The long-term safety,
integrity, reliability and quality of the bulk electric system and retail electricity service should not be jeopardized,
e) Consumers should be afforded a broad range of choice in electricity service and pricing options, f) Development
of competitive electricity markets should not undermine environmental protection, energy efficiency, resource
diversity and technological innovation, and g) the public should maintain a voice in the industIy's regulatory
process and the interests of customers should continue to be balanced with the opportunity for shareholders to earn
fair returns,
10
MEMORANDUM
TO:
Land Use and Transportation Committee
FROM:
Kathy McClung, Deputy CDS Director 'P'^
DATE:
August 26, 1999
RE:
Sign Compliance 2000
Attached is the proposed plan for sign compliance 2000, Betty Cruz and I will be available at your
September 3rd meeting to answer questions.
Sign Code Compliance 2000 Action Plan
Status of nonconforminq siqns
There are approximately 640 businesses with nonconforming signs.
These include all types of signs such as freestanding and
building signs.
Progress so far
Every business and property owner were sent general notices in
1995 and sent specific notices in 1997 if their signs were not in
compliance. These notices were detailed as to the specific
sign(s) and reason(s) for nonconformance. We have provided
additional information in the Chamber of Commerce newsletter,
have met with representatives of the Chamber, and have met one on
one with business owners or sign contractors regarding individual
circumstances.
In addition to the above notices, 53 articles have appeared in
local papers, since the Fall of 1994, regarding the city's sign
regulations. This is in addition to formal public notices, and
the Chamber newsletters.
Staff have reviewed the case files for nearly every business with
nonconforming signs and have made specific notes in their file
that will help facilitate making signs compliant. In some cases,
only the base of the sign needs to be modified, in others the
sign needs to be moved out of public right of way, etc.
Information collected and printed within each file will save an
enormous amount of time when we need to respond quickly to
inquiries.
We have hired a sign intern for the summer and have money in the
budget for next summer to help with the program.
Planned Conformance Program
1. Brief the LUTC on the compliance program in September.
2. In September send another round of reminder letters to
businesses and property owners that signs must be brought
compliance by 2/28/00. The intern will help prepare these
into
this
summer.
3. At the end of December, send one more notice with emphasis on
penalties if we have not heard from them.
4. Press releases in November, January and February will be
issued along with use of the city's cable TV, web site, city wide
newsletter and Chamber newsletter.
5. Since we cannot force businesses to come in before the
deadline, we will have to have a systematic approach to
enforcement. The City Center Core and Frame would be our
recommended highest priority with the rest of Pacific Highway and
320th next, other business areas, and residential neighborhoods
last.
6. Invite all sign contractors to an informational meeting where
we will share the plan for compliance and how they can submit
better applications to ensure faster processing.
(October/November)
Sign Incentive Funds
There are still ample funds available in the Sign Incentive
Program. Although 122 businesses have requested packets for the
program, only 13 have actually followed through with the program
requirements to be reimbursed. Debra Coates is making every
effort to inform businesses that may be eligible about the
program.
Consequences of not meeting the deadline
The deadline for compliance is February 28, 2000, but every sign
must be field checked before we can issue a Notice and Order to
Correct the violation. We will not be able to do this all at
once. Not only is it difficult from a "staff in the field"
standpoint, but the volume of work it generates, once issued,
also has to be considered. Once a Notice and Order to Correct
the Violation is issued and the deadline is not met, the sign
owner accumulates fines of $100 a day until the sign is removed.
If the sign owner has legitimate reasons to ask for a delay, the
city can grant an extension. The sign owner can also voluntarily
enter into a correction agreement with the City where the sign
will be removed by a certain date or file an appeal which is
heard by the Hearing Examiner. If fines accumulate over $5,000,
the City can take the case to court. The City also has the option
of abating the sign at the expense of the owner.
Last minute applications
One of the policy issues to resolve is how to handle the last
minute applications to replace or alter signs. This is an issue
not only because of the potential postponement of any penalties,
but also from a workload standpoint (our ability to process
them). For example: If we were ready to issue a Notice to a
downtown business with a pole sign and they had an application
pending with us to replace the sign, we would want to work with
them in some sort of compliance agreement, rather than issuing
the Notice. The staff recommendation is to not penalize anyone
who is showing an effort to comply and/or because we have not
processed the application due to our workload.
Staff workload analysis
Betty Cruz is the only budgeted FTE devoted entirely to sign
issues. She is responsible for sign enforcement, is the primary
contact for complex sign permit issues and supervises interns and
a 20 hour a week volunteer. A summer intern is also budgeted. We
have been fortunate to obtain the help of a volunteer that
assists Betty with paperwork and data entry. Development
Specialists process sign permit applications and try to assist as
many people as possible with sign questions at the counter. The
support staff process paperwork, send notices to a delivery
service, collect fines and send delinquent payment accounts to a
collection agency when deadlines are past. All electrical signs
must have an electrical inspection. The electrical inspectors
have been trained to inspect beyond electrical issues, to avoid
having to send a second person out for the final inspection.
Martin Nordby assists with this program occasionally and has
processed all sign appeals. We have limited Martin's involvement
to short periods of time because he is kept busy with other types
of violations and complaints. He has been primarily responsible
for processing sign appeals and he most likely will continue with
this part of the program. Betty will not be able to work on the
enforcement side of this program full time, still maintain the
enforcement of other types of sign violations, answer all of the
difficult sign permit questions and meet with everyone that wants
a consultation.
The department has requested an additional temporary (one year)
code compliance officer, an intern half time during the year and
some additional temporary clerical help to assist with the year
2000 code compliance activity. The intern position will help
with field work and maintenance of our routine sign enforcement
i.e., sign sweeps, banners, temporary and off-premise signs. The
temporary office position would process paperwork for the year
2000 program, schedule appointments and inspections, maintain
files, and prepare files for the collection agency and for the
Notice server. The request for this position is 15 hours a week
for a one year period. We have also explored using volunteers
for sign sweeps and with adequate training, we feel they could be
a positive addition to the program. The additional intern hours,
clerical hours and volunteers will only keep our current program
running while Betty is working on the major compliance 2000
issues. An additional temporary code compliance officer is also
requested in order to accelerate the compliance program.
If we were successful with 100 businesses before the deadline,
that will still leave over 500 businesses with nonconforming
signs. With current workloads and staff (and the requested
intern and code compliance officer), we anticipate that it will
take until the end of 2000 to process most of them. This is only
an estimate and there will certainly be those that will for one
reason or another take longer to resolve. We will continue to
keep the Council updated on our progress.
Additional budqet
Temporary Code Compliance Officer- $60,000
computer, supplies etc.)
Sign intern- $7500
Temporary Office Tech-$10,OOO
Delivery Service- $10,000
(wages, phone,
Unresolved policy issues
1. Every site with a potential violation must be visited before a
Notice to Correct will be issued to ensure that the violation
exists on the site the day the notice is issued. Will the staff
concentrate on the permanent signs that needs to be corrected or
take a holistic view of the site and address everything that does
not meet the sign code (i.e banners, other signs without permits,
etc.)? It makes a lot of sense to look at everything, but will
definitely slow this program down.
2. The new enforcement procedures require us to mail a notice and
either post the property or hand deliver a notice. For several
people in the business community, signs are an emotional issue.
In the first few months of enforcing the new code, the staff
experienced several incidents of threatened personal safety.
Requiring a staff person to hand deliver the letter or post the
property may put that person at personal risk. Options include
hiring a delivery service or amending the code to read either
sending notice by certified mail, or posting the property, or
hand delivery.
MEMORANDUM
TO:
Land Use and Transportation Committee
Kathy McClung, Deputy CDS Director itJ\
FROM:
DATE:
August 27, 1999
RE:
SW King County Cities Development Forum
The Planning Directors from SW King County (Federal Way, Kent, Des Moines, Tukwila, SeaTac
and Burien) in cooperation with King County are planning a two part development forum, The first
one will be scheduled at Highline Community College in mid October. The purpose of the first
forum will be to get perspectives from a variety of developers, businesses and lenders about the
perception of south King County and what it would take for certain types of development to happen
here. The audience targeted for the first forum is council members, planning commission members
local chamber of commerce and staff. The purpose of the second forum is to give the cities the
opportunity to show an audience of developers, lenders, and businesses what they have to offer.
Background:
The Planning Directors of SW King County have been meeting on a quarterly basis for the past
couple of years to discuss issues of common interest. Last winter, King County staff approached
some of the cities with an idea to work on an economic development project to benefit this area. It
was suggested to King County staff that since this group was already formed, it may be a good group
for King County to work with. The S W King County Planning Directors are now meeting on a more
frequent basis with King County economic development staff and individual economic development
coordinators to plan this event.
King County economic development staff have preliminary commitments from developers
ofprojects such as the Crossroads, University Village, and Redmond Town Center. They have also
included developers of public/private partnerships in both commercial and residential. The
Economic Development Council is involved with the planning and the chamber of commerce for
every city has also been contacted,
The purpose of bringing this to the Land Use Committee is to inform you of this event before you
get an invitation and to address ideas or concerns you may have in this planning phase,
MEMORANDUM
TO:
FROM:
Land Use and Transportation Committee
Kathy McClung, Deputy CDS Director ~
DATE:
August 27, 1999
RE:
Planning Commission work program
Attached you will find the memo (Exhibit 2) provided to you in January of this year with the Code
Amendments prioritized by the LUTC as well as other projects that occur in Long Range Planning
that affect our ability to work on code amendments. The memo has the progress in underlined, bold,
italics. Also attached is an exhibit prepared by Margaret Clark (Exhibit 1) which describes the
various information tracking programs we are required to do.
EXHIBIT 1
DESCRIPTION OF OTHER LONG RANGE PROJECTS
ACCOMPLISHED TO DATE
August 27,1999
1.
Office of Financial Management Yearly Population Estimate Report
This is an annual report provided to the State Office of Financial Management (OFM). The
Department provided city building permit activity between April 2, 1998 and April 1, 1999
(due date April 12, 1999). This information was used by OFM to estimate the official
population for Federal Way, which was 76,910, as of April 1, 1999, These population
estimates are used as a basis to distribute certain state revenues.
2.
King County Benchmark and Annual Growth Information Report
This is an annual data request made of all cities by King County to fulfill requirements of the
Growth Management Act (GMA). This department coordinated the provision of information
(due date was April 30, 1999) to King County on the following six indicators for the Year 1998:
Public Dollars spent on Low Income Housing; Percent of New Housing Units in Urban Areas;
Percent of New Residential Units that could be counted as Redevelopment; Ratio of Actual to
Allowed Densities of Residential Development; Acres of Urban Parks and Open Space; and
Number of Lane Miles of City, County, and State Roads and Bridges in Need of Repair and
Preservation.
3.
Report to the Census Bureau
The Census Bureau generates yearly population estimates as of July I of every year for cities,
These population estimates are used as a basis for any federal grants applied for by the City, e.g.,
Community Development Block Grants. In March 1999, the Department became aware that
there was a large discrepancy between population estimates being used by the Census Bureau
and the State Office of Financial Management for Federal Way. In April 1999, the Department
compiled data on building permit activity since incorporation of the City in 1990 and provided
documentation to the Bureau on why the Bureaus's population estimates should be increased.
This resulted in the estimate for July 1998 being dramatically increased to be more in line with
OFM's estimates.
4,
Track and Inventory Buildable Lands
Under the Buildable Lands Program, six counties, including King County must annually collect
data on land capacity and development activity from their cities and unincorporated areas. A ful
report, including data and evaluation for five years of development activity, is due to the State in
2020. September 30, 1999 is the deadline for the first reporting to King County. This report will
cover 1996, 1997, and 1998 and will focus on measurement of actual density achieved in
residential and non-residential development and permit and land development activity for these
three years. This process is intended to compare anticipated growth against actual development
over time to determine whether there is enough suitable land to accommodate expected growth
for the 20 year planning period, and whether urban densities are being achieved. Through the
Planning Directors' Association, King County has been working with the suburban cities on a
methodology to collect this data. Staff has been attending these meetings and actively
participating in development of worksheets to be used in collecting this data. During the
upcoming month of September, extensive staff time will be required to obtain the required
information to fill in these worksheets. Upon submittal of these worksheets to King County,
each City will be reimbursed based on a formula utilizing population (in the range of 12.5 to 14
cents per capita). The exact timing of this reimbursement is not known at this time.
I:\99CDEAMN\othrtsk,wpd/January II, 1999
Page -2-
EXHIBIT 2
DESCRIPTION OF 1999 CODE AMENDMENTS
January 11, 1999
A. LAND USE ISSUES AND RESOURCE REQUIREMENTS
1. CARRY OVER CODE AMENDMENTS TO BE CONSIDERED BY THE LAND USE/
TRANSPORTATION COMMITTEE (LUTC) AND CITY COUNCIL IN EARLY 1999
a) Formal Process for Yearly Comprehensive Plan Amendments-COMPLETE
(This went to the LUTC on January 4, 1999, and will be going back on February I, 1999.)
Set up a formal process on how to handle yearly requests for comprehensive plan
amendments. This will include how to apply; including key dates and timing of applications.
b) Code Compliance Related Items -COMPLETE
(This will be going to the LUTC on February 1,1999.)
i) Address the number of junk cars/storage of vehicles on lots.
ii) Provide Code Compliance Officers authority to issue civil citations.
iii) Address the differences between Federal Way City Code (FWCC), Sections 22-1006
and 10-26 as they relate to hours of heavy equipment operation and associated noise.
c) Sensitive Areas- THIS ITEM WENT TO LUTC IN JUNE FOR WETLAND
INVENTORY REPORT. NEEDS TO BE SCHEDULED FOR A FUTURE LUTC
FOR COMPLETION. (This will be going back to the LUTC once the stream and wetland
inventory are completed.)
This code amendment is intended to create a wetland classification system to differentiate
between various classes of wetlands, also to allow buffer averaging and to require increased
buffer widths where warranted. The amendment is also intended to review the definitions of
streams relative to artificial water courses and to generally update the city code relative to
recent change in state and federal regulations,
2. OTHER LONG-RANGE PLANNING PROJECTS
a) Height Bonus Program- NOT STARTED
Adopt guidelines to allow increased height in the City Center (CC) zone if open space or
plazas are provided. This was part of the non-residential code amendments that were never
implemented. These guidelines must go to City Council for approval.
b) Consultant Analysis for Planning in the Potential Annexation Area (PAA)-
CONSULTANT HIRED. WORK SHOULD BE COMPLETE IN OCTOBER.
Provide comprehensive plan designations and zoning for area within the city's potential
annexation area. In 1998, the City Council appropriated $7,000 to determine how much
consulting help would be needed to accomplish this task. We will be hiring a consulting firm
to determine how much consulting help would be required to plan and zone the PAA.
Potential Tasks Include:
i) Update the parcel base for the PAA.
ii) Coordinate with King County on existing development activity within the PAA.
iii) Compare and analyze existing King County comprehensive plan designations and
zoning with potential Federal Way designations and zoning.
iv) Inventory existing land uses within the PAA (can be collected from King County
Assessor's data).
v) Conduct meetings with neighborhood groups and home owners' associations.
vi) Inventory the existing street system (may be available from King County at some
level).
vii) Collect traffic data (may be available from King County at some level).
viii) Traffic modeling based on impact of changes.
I. Expand level of data of existing traffic model within the P AA.
2. Calibrate and run model under existing situation.
3. Run model based on new land use designations.
4. Analyze model results.
ix) Adopt street classification system for the P AA.
x) Once adopted, change the text of the comprehensive plan, update all maps and zoning
code.
c) Changes to FWCC, Chapter 18, Environmental Policy-NOT STARTED
Incorporate recent changes to state law and make other changes to ensure consistency with
FWCC, Chapter 22, Zoning. An example of a change in response to state law would be the
creation of a planned actions category which allows environmental review earlier in the.
planning process (in conjunction with comprehensive plan elements or master plans), with
abbreviated review at the project permit level. Also, address other housekeeping items such
as making changes to bring Chapter 18 into compliance with ESHB 1724.
d) Track and Inventory Buildable Lands-ON-GOING
Develop a program to track single family, multifamily, and commercial development, as
well as creation of single family lots on a yearly basis. This process is intended to compare
anticipated growth against actual development over time to determine whether there is
enough suitable land to accommodate expected growth for the 20 year planning period, and
whether urban densities are being achieved.
B. PLANNING COMMISSION SCHEDULE 1
¡Depending on the in-house expertise and need for in-house experience, some, all, or portions of each code
amendment may be done by in-house staff or assigned to consultants.
Page -2-
1. Adult Entertainment Uses-COMPLETE
This will include a review of existing regulations and proposed amendments.
2. 1999 Comprehensive Plan Update-CURRENTLY WORKING ON. TENTATIVELY
SCHEDULED FOR OCTOBER PLANNING COMMISSION.
The LUTC is presently reviewing a code amendment to adopt a process for the annual update of
the comprehensive plan. This code amendment proposes a spring update for 1999, ending in the
fall and acceptance of requests in the fall of 1999 for an update in the Year 2000 (please refer to
Section B.ll of this description).
3. Transportation Impact Fees- BEING WORKED ON. SCHEDULED FOR SEPA
REVIEW IN OCTOBER.
Prepare a Transportation Concurrency Ordinance and/or Traffic Impact Fee Ordinance.
4. Sign Code- COMPLETE
The following list of housekeeping amendments to the sign code has been identified (this list will
go back to the LUTC for clarification prior to the start ofthe code amendment):
a) Pump Topper Signs - The Hearing Examiner recently ruled that signs on top of gas pumps
were allowed, however, there are presently no limits on size or numbers for these signs.
b) Normal Maintenance - The current provisions need clarification on intent and appears to be
overly restrictive.
c) Fifteen Acres Subject Property - Clarification is needed to determine if a site which is a
minimum of 15 acres in size but part of a larger subject property is entitled to its own medium
profile sign and whether it can be separate from the subject property.
d) Clarify that the pole remaining after a sign has been removed also constitutes a sign.
e) Set expiration period for sign permits.
£) Research an amendment to allow A frame signs, not located within the right of way for new
businesses for up to six months.
g) Research an amendment to allow free-standing informational signs for uses such as schools,
churches, and day cares located in residential zones.
h) Clarify whether government signs must obtain a sign permit.
i) Clarify, revise or add certain definitions, e.g., differentiate between a canopy and awning;
define commercial messages, grand opening. Also add criteria for canopy/awning signs.
j) Clarify the following, Exemptions - FWCC, Section 22-1599(c):
i) Address ID's - Does the exemption fall under residential zones or commercial?
ii) Balloons - No definition of display.
iii) Construction Signs -
1. Should we allow advertizing like "We're coming soon..."?
2. Allow a 30 day permit prior to building permit issuance if it is new business with
tenant improvement or building permit?
iv) Directional Signs-
1. Do not have a maximum height or design criteria.
2. The exemption does not match the definition.
Page -3-
v) Fuel Signs-
1, Should 20 percent logos be established on each panel?
2. Businesses would like to combine their fuel sign with their allowed monument
without losing the allowed signage for fuel or for their one monument sign,
vi) Instructional Signs - There is no size limit or type.
vii) Warning Signs - There are no limits on number or size.
k) Permit Requirements, FWCC, Section 22-1599(a)-
i) Fees -
CID's - Clarify whether there should be separate fees for each tenant in order to allow
tracking of a business which needs to have a sticker.
ii) Final Inspections - There is nothing in the code that says they must pass a final
inspection. We can issue an order to pass a final, but the code does not allow for access
to provided at the time of inspection, therefore, structural, electrical, and planning
inspections are limited.
I) Research an amendment to establish guidelines for nonconforming subdivision signs in
rights of way.
m) Research an amendment to define cabinet signs vs. individual channel letters. The sign area
is different for the two distinct types of signs and thus there should be a definition for each.
n) Clarify whether building mounted signs should include all items allowed under code
(FWCC, Section 22-1601[B][l}). There appears to be a conflict as canopy and awning are
listed as building mounted signs in this section, however, this section also allows all building
mounted signs to be electrical and by definition canopy/awning means a non-electrical sign.
0) Clarify whether the definition for instructional or information sign should parallel the criteria
to be set for residential zones. Examples are schools, churches, day cares, etc.
p) Pedestal Sign and Pole Signs - There is an incorrect code reference; change to Section 22-
1601(C) Figures 6 & 7. Also, the word monument has no reference.
q) Sign, sign area, and sign face should be consistent. Definition of sign needs more clarity.
What constitutes one sign vs. two signs. How far apart can they be to be considered one if
individual letters are used together with a cabinet or separately?
r) Research an amendment whether architectural embellishments should be added to
definitions.
s) Roof Sign - A little vague.
t) Clarify wall signs. Wall signs cannot project more than 24" from a wall or building and ca
not have copy of the sides or edges. (What if it is a projecting sign? How far can it project?
What if it is a canopy or awning?)
u) Research an amendment to add definitions and criteria for menu boards.
v) Correct FWCC, Section 22-1599 which has subsections (a), (b), and (c), then skips (d), and
has (e), (t) & (g).
w) Prohibited Signs -
i) Vehicle signs need clarity.
ii) Consider adding off-site signs as prohibited, ...unless otherwise specified in FWCC,
Section 22-1 599(c)(2)(u) or FWCC, Section 22-1600, Table I, "Community service
event or civic event." (Off-site sign has definition already.)
x) FWCC, Section 22-1600 Residential Zones Tables 1 & 2:
i) Extend sales/event to 60 days? FWCC, Section 22-1600 Table 1.
ii) Wall Sign Allowances -
I. Not consistent with requiring seven percent.
2. Clarify whether one wall sign is allowed for each business; can we use FWCC,
Page -4-
Section 22-1602(b) to make that determination?
3. A variety of sign types are allowed. The maximum number allowed does not
specify whether only one of the choices are allowed or if one of each is allowed.
For example, if pedestal and monument type signs are allowed, does it mean that
one pedestal and one monument would be allowed for each frontage, etc?
iii) Multi-family Complex, FWCC, Section 22-1600 Table 2 - Is allowed in an RS zone, but
signs for multi-family complexes in residential zones only allow a two square foot sign.
Change multi-family complexes identification to include RS zones.
iv) Recreation Clubhouse or Area, FWCC, Section 22-1600 Table 2 - One sign is allowed
for each street frontage providing direct vehicle access, yet the location specifies that
there is a five foot setback from the subject property. This means that an entire
subdivision would be allowed a sign at each entrance into the subdivision. (Mar Cheri
wants a swim lessons sign at the entrances to its subdivision.)
v) Allow day cares signs in residential zones with some conditions.
y) Freestanding Signs, FWCC Section 22-1601 (a) -
i) High Profile - Tenant directory or kiosk signs do not have design standards set.
Clarification is needed on whether to allow pole signs for these.
ii) Low Profile -
I. Tenant directory or kiosk signs do not have design standards set. Is the intent to
allow pole signs for these?
2. Combined sign package: Clarify what is the correct process to be used.
z) Building Mounted Signs, FWCC, Section 22-1601(B)-
i) Center Identification Signs - Research a code amendment to include the interpretation
which was done for hillside plaza to allow all businesses who have a multi-use or multi-
tenant complex one additional center identification sign per building. If there are no
freestanding signs within the subject property, the center or plaza shall be granted a
maximum of two building mounted center identification signs. The additional sign(s)
shall not exceed seven percent of the exposed building face to which it is attached and
shall not exceed a sign area of240 square feet, per FWCC Section 22-1601(B) & (C).
ii) Sign Area Transfer, FWCC Section 22-1601 (B)(4) - The last paragraph needs
clarification and also needs to specify whether the seven percent threshold is to be
maintained
aa) Clarify sign area multipliers FWCC, Section 22-1602(C) to specify whether all three criteria
have to be met in order for the sign area be increased by 25 percent.
ab) Research an amendment to add kiosk or tenant directory signs to construction standards.
ac) Landscaping, FWCC Section 22-1602(D)-
i) Clarify the meaning of vegetation as used in this section.
ii) Clarify whether vegetation needs to be a certain percentage ofthe total area required.
iii) Clarify if a certain percentage is required, within what proximity does it need to be?
ad) Clarify Appeals, FWCC Section 22-1604, including whether fees are required in order to file
an appeal.
ae) Nonconformance -
i) Extension or exemption from amortization FWCC, Section 22-335(f).
I. Are fees to be accessed?
2. Clarify which process should be used. The existing one appears overly restrictive.
ii) Loss oflegal nonconforming sign status, FWCC Section 22-335(g), Abandonment or
business cessation FWCC, Section 22-335(g)(3). This section and the definition of
Page -5-
abandoned does not appear to be consistent with the recent amendments to the
nonconformance section.
iii) Sign Alterations -
1. Clarify whether the change to one nonconforming sign should trigger loss to all
nonconforming signs on the site.
(at)
2. There is no trigger for a business who wishes to add a sign if they have
nonconforming signs on site. In other words, you can have nonconforming signs on
site and still propose to add a conforming sign without triggering the loss ofthe
other nonconforming signs.
Simplify requirements for applicants to obtain sign permits by utilizing more fully
information in the existing city sign inventory.
5. Miscellaneous Code Amendments-CONTRACTOR BID CAME IN OVER BUDGET.
WORKING TO PARE BACK CONTRACTOR PORTION.
a) Public Parks-
i) Research an amendment to allow for an increase in the maximum height requirements
for sports field lighting, flag poles, and other structures such as back stops associated
with sports fields. Alternatively, due to the increased height needed for these structures,
a variance from the allowable maximum heights would be necessary.
ii) Research an amendment to the land use chart to provide for a case by case basis (with
guidelines) for landscaping requirements for public parks. This is to provide for
flexibility because parks by their very nature already have significant landscaping.
b) Process-
i) Amend FWCC, Section 22-354. Interpretations to clarify under what situations a
written interpretation versus Process I is appropriate.
ii) Clarify the process to handle appeals of administrative interpretations. Also clarify the
references to appeals of administrative interpretations using Process IV (Hearing
Examiner), i.e., whether this means that appeals of administrative interpretations should
be processed like a Process IV application or whether they should be handled like
appeals of Process IV decisions.
iii) Clarify the differences between the process to handle interpretations vs. inquires.
iv) Research an amendment to allow divisions of parcels in a commercial zone by either
platting or a binding site plan.
v) Clarify the land use process for tenant improvements and minor expansion of buildings.
When the HB 1724 amendments were adopted, the process for tenant improvements
and minor expansion of buildings was inadvertently omitted. In the interim, staff has
addressed this through interpretation.
c) Other Miscellaneous -
i) Research an amendment to exempt recreational vehicles parked within an enclosed
structure from the height and length limits of FWCC, Division II.
ii) Research an amendment to limit the size of residential garages by setting a maximum
size in relationship to the principal structure or as may be regulated by the Uniform
Building Code.
iii) Clarify FWCC, Section 22-723 related to the requirement that there may only be one
gas station at any intersection in the Neighborhood Business (BN) zone and FWCC,
Section 22-754 related to the requirement that there may not be more than two gas
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stations at any intersection as these sections apply to gas stations that are part of and
accessory to a convenience store.
iv) Clarify definition of height. The present definition is complicated and difficult to
administer.
v) Research an amendment to the maximum height requirements in order to address the
height of power poles in the rights of ways. Alternatively, a variance from the allowable
maximum heights would be necessary.
vi) Address the differences between FWCC, Sections 22-1425 and Use Zone Charts 22- 796
and 22-814 regarding height allowances for above grade parking facilities. FWCC,
Section 22-1425 specifies 135 feet and 100 respectively in the CC-C and CC-F zones,
whereas, Use Zone Charts 22- 796 and 22-814 specifies 45 feet and 35 feet respectively.
vii) Incorporate interpretations from the Interpretation Notebook that staff has had to keep
over the years. These are relatively straight forward and are not major policy issues.
viii) Add a provision for canceling incomplete subdivision applications if a substantial
period of time has elapsed without the applicant responding to city requests for
additional information.
ix) Clarify what constitutes vesting of a project, i.e., building permit vs. site plan approval.
x) Research an amendment to site containers for emergency preparedness on school sites.
xi) Research an amendment to allow schools including satellite schools in Business Park
(BP) and Office Park (OP) zones.
xii) Research an amendment to allow expansion of a nonconforming residential use in a
non-residential zone.
xiii) Research an amendment to decrease side yard requirements in existing mobile home
parks in order to allow the siting of larger mobile homes and manufactured homes,
xiv) Research an amendment to the existing Land Surface Modification provisions to
remove any discrepancies between this provision and recent state law changes to the
Forest Practices Act.
d) Crime Prevention Through Environmental Design -
This proposed amendment is a result of training provided to Community Development
Services, Police, and PARCS staff. Examples of ways to reduce crime include the following:
i) Well lit pedestrian, parking, activity, and service areas.
ii) Pedestrian routes without blind corners.
iii) Low fences and see through landscaping.
iv) Building entrances visible from public streets or places.
6. Endangered Species Act (ESA)-NOT STARTED. STATE IS STILL WORKING ON
CLARIFICATIONS.
Adopt code amendments to bring the FWCC into compliance with the mandates pertaining to
endangered species that are the result of the 1999 legislative session and the ESA Statewide
Salmon Recovery Strategy.
7. Wellhead Protection- NOT STARTED. LAKEHA VEN HOPES TO HA VE THEIR
WORK COMPLETED BY THE END OF THE YEAR.
Adopt the provisions relating to wellhead protection that comes out of the Lakehaven Utility
District work and/or supplement. The LUTC agreed to put this code amendment on hold until the
Lakehaven Utility District has completed their study.
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8. Telecommunications Ordinance-COMPLETED THROUGH PLANING
COMMISSION. SCHEDULED FOR SEPTEMBER 13TH LUTe.
a) How should temporary/mobile towers (cell on wheels) be regulated?
b) Modify definition of a minor facility to match existing technology and clarify under what
conditions they may be collocated on existing structures and buildings.
c) Assess and identify requirements and process for locating telecommunications facilities
within public rights of way.
d) Clarify criteria in FWCC 22-649 for allowing Personal Wireless Service Facilities.
9. AnnexationlDevelopment Agreements- PROCESS NOT FORMALIZED
a) Clarify the existing process for concomitant agreements to include development agreements.
The Growth Management Act (GMA) provides for the use of development agreements
whereby an applicant and the city may enter into a development agreement, which would
lend certainty to a project by setting out the rules up-front with which a project must comply.
b) Clarify process and specify criteria for annexations in Chapter 19, Article 3, Annexation.
10. Group Homes Type I-NOT STARTED
Clarify process for siting Group Homes Type I. Presently, the FWCC is silent as to the locations
or standards for these types of uses.
11. 2000 Comprehensive Plan Update - WORKING WITH INTERESTED PARTIES ON
THEIR APPLICATIONS
If the code amendment addressing procedures for the Annual Amendment of the Comprehensive
Plan is adopted as proposed, September 30, of each year would be the deadline for accepting
annual requests for amendments to the comprehensive plan. Therefore, the city would be starting
the comprehensive plan amendment process again in the Fall of 1999.
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