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LUTC PKT 06-07-1999 t{¿v~ 1 City of Federal Way City Council Land Use/Transportation Committee June 7, 1999 5:30 pm Council Chambers MEETING AGENDA I. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minutes) 4. COMMISSION COMMENT 5. BUSINESS ITEMS A. Quadrant Tract # I 7 ] 0% Annexation Petition Action Michaelsonl15 min B. Code Compliance Ordinance ActH1P Sterbank/5 min c. ] 999 Comprehensive Plan Update Action Clark/30 min D. SeaTac Mall Drainage Project/Public Works Trust Fund Loan Acceptance Action Pratt/5 min E. South 3 12th Access Management Info Perez/5 min F. 21 st Avenue SW and SW 334th Signal Project Action Perez/5 min 6. FUTURE MEETING AGENDA ITEMS SWManagement/Dept of Ecology Ordinance & Manual Package Open Cut of ROW vs Boïing Military Road @ Star Lake Road Signalization Project Budget Adjustment/Final Acceptance Endangered Species Act Update RTA Process Northwest Church Channelization Request 7. ADJOURN City Staff: Stephen Clifton. Director, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 Committee Members: Phil Watkins, Chair Jeanne Burbidge Mary Gates I\LU-TRANSVU7LlITAWPD City of Federal Way City Council Land Use/Transportation Committee May 17, 1999 5:30pm City Hall Council Chambers SUMMARY In attendance: Committee members Phil Watkins (Chair), Jeanne Burbidge and Mary Gates; Council Member Linda Kochmar; Director of Community Development Services Stephen Clifton; Public Works Director Carr Roe; Management Services Director Iwen Wang; Deputy Director of Community Development Services Kathy McClung; Deputy Director of Public Works Ken Miller; Assistant City Attorney Bob Sterbank; Senior Planner Margaret Clark; Surface Water Manager Jeff Pratt; Traffic Engineer Rick Perez; Project Engineer Marwan Salloum; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order a 5:35pm by Chairman Phil Watkins. 2. APPROVAL OF MINUTES The minutes of the May 3, 1999, meeting were approved as amended. It was noted that the motion to recommend approval to the City Council of the Capital Facilities Plan died for lack of a second. 3. PUBLIC COMMENT A group of parents and other interested parties delivered a petition and spoke in favor of a turn lane at the Spring Valley Montessori school. Marta Foldi, Jeanette Wagner, Ingrid Fox (via letter), Mildred Fanslow, Donna Johnson, and Adeline Justice spoke about close calls involving turns into the school. They pointed out that there is a turn lane at Gethsememe Cemetery and cited several safety concerns that would encourage installation of a left turn lane at the Spring Valley Montessori school. 4. COMMISSION COMMENT There was no additional comment from any of the City Commissions. 5. BUSINESS ITEMS A. Wetlands Inventory Update - Sheldon and Associates presented an update on the survey of wetlands within the Federal Way municipal boundaries and in the Potential Annexation Areas (PAA) as complete. All facts were digitized and maps were produced by GIS. The survey was said to be 70-80% accurate. As new information becomes known it will be added to the survey. Copies of the findings and GIS maps were made available for public viewing during normal office hours at the Community Development permit counter. Dave Kaplan expressed that even the smallest unregulated wetland could be filled in by a developer and said he was concerned about the total effect that could have on the salmon issue. Bruce Harpham expressed his concern that wetlands over an aquifer should be regulated differently than wetlands that provide flood control and the difficulty in specifying the differences. Ms. Sheldon clarified that wetlands most often do not impact aquifers. The Committee decided that the existing Sensitive Areas Code provided good protection for the City's wetlands. They agreed to further discuss the sensitive area issue at an August meeting in anticipation of salmon regulations that were expected to bé enacted by the state Legislature. B. School Impact Fees and Federal Way School District 1998-99 Capital Facilities Plan - The Committee moved recommendation of approval to the City Council at the June 1, 1999, meeting of the School Impact Fees. Due to a proposed reconfiguration of the School District's grade structure, impact fees decreased by $499 to $2,383 for a single family residence and to $88 for each unit of a multi-family complex to $786. C. Proposed 2000-2005 TIP and Arterial Street Improvement Plan - Staff presented the list of TIP projects for 2000- 2005 and the selection criteria. The Committee m/s/c to Council at their June], 1999, meeting a recommendation of approval. Discussion followed on the turn lane issue at the Spring Valley Montessori School and the options available for resolution. It was decided that staff would write a letter for the mayor to sign, to include the petition presented to the Committee, to the Washington State Department of Transportation (WSDOT) requesting their reconsideration of improvements to that stretch of SR99. D. South 320'0 Street and Pacific Highway South Widening and Intersection Improvement Proiect/30% Design Approval - The intersection of Pacific Highway South and South 320th Street fails at most times of the day. Improvements are to include addition of HOV Lanes and a second left turn lane on the south, west and east legs of the intersection. In conjunction with the road project, "Gateway" landscaping will be constructed. The Committee was presented a variety of concepts for design improvements to the comers at the intersection. There was considerable discussion about combining design options including the use of large rocks, trellises, walls, landscaping, a water feature, lights, stamped concrete. The Committee agreed that more thought was needed prior to selecting a final design. They further agreed that there is currently too much diversity at the intersection of SR99 and South 320'0 and they called for a "language" of material that ties the comers together. They made no decision on landscape alternatives but m/s/c recommendation to the City Council at the June 1, 1999, meeting, of the 30% design plans and authorization of staff to proceed with right-of-way acquisition for the project. E. South 320to Street Underground Conversion Agreement with PSE - The City has been working with Puget Sound Energy and U.S. West to underground overhead power and telephone lines on South 320'0 Street from 1-5 to 11'0 Place South. Due to the siting of Sound Transit facilities and private work along the corridor, the conversion will be split into three phases. The Committee m/s/c recommendation of approval to the City Council at the June 1, 1999, meeting to execute the agreement with Puget Sound Energy for Phase I - to underground the power lines adjacent to Gateway Center along South 320'h Street. As part of that agreement undergrounding of switching equipment is not included at this time. It was noted that costs have increased over the two year period since this project was originally discussed due to the implementation of City Center Street Design Guidelines. F. 23rd Avenue South (S 317 St to S 324'0 SO Road Improvements - This project widens 23rd Avenue South to five lanes, two lanes in each direction with a two way left turn lane. The SeaTac Mall entrance will be aligned with South 322nd Street and signals will be installed at South 322nd and at South 317'0 Streets, with decorative lighting and landscaping installed in accordance with the City Center Street Design Guidelines. Twelve foot sidewalks with wheel chair ramps will be added to both sides of 23rd Avenue South. The traffic signal will be relocated on all four comers of the intersection at the same time as the double left turn project is under construction. Funding of the combined projects was assisted by a $1 million grant from the Transportation Improvement Board. The Committee m/s/c recommendation of approval to the City Council consent agenda at the June 1, 1999, meeting. G. Replacement for Planning Commissioner Jim Sempek - The Committee unanimously selected Planning Commission alternate Hope Elder to fill the vacancy created by the resignation of Jim Sempek. Ms. Elder's knowledge of Federal Way City Code was discussed. 6. FUTURE MEETINGS The next meeting will be held at 5:30pm in City Council Chambers on Monday, June 7, 1999. 7. ADJOURN The meeting was adjourned at 7:50pm. I:\MA Y17LUT.WPD CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES memorandum MAY 28, 1999 TO: City Council Land Use and Transportation Committee Lori Mic~--#1enior Planner NOTICE OF INTENTION TO PETITION FOR ANNEXATION QUADRANT "TRACT 17" (City File No. ANN99-0001) FROM: SUBJECT: On May 5, 1999, the City received a Notice of Intention to Petition for Annexation from John R. Elley, in conjunction with the Quadrant Corporation, and as represented by Hillis, Clark, Martin, and Peterson (Exhibit A). The cover letter (Exhibit B) states that Mr. Elley is the owner of record, and Quadrant is the contract purchaser, of the property proposed for annexation. The proposal is currently being called the "Quadrant Tract 17 Annexation." The notice constitutes the 1 0% petition stage of the direct petition method of annexation under state law (RCW 35A.14.120). For City Council consideration ofthe proposal, the following information is provided in this memorandum: (A) description of proposed annexation; (B) history and background; (C) annexation process; (D) comprehensive plan and zoning designations; (E) annexation analysis; (F) council action required and staff comments; and (G) staff recommendation. The Land Use and Transportation Committee (LUTC) will review the 10% petition and forward a recommendation to the full City Council. The 60% petition, if authorized by Council and consistent with Council approval, will go directly to the full Council unless requested otherwise. A. DESCRIPTION OF PROPOSED ANNEXATION The proposed annexation area is a 1.25 acre, undeveloped parcel described as Tract 17 Midway Suburban Tracts. The property is located between 1-5 and Military Road, approximately 550 feet north of South 320th Street, in unincorporated King County. The property is contiguous to the northeasterly boundary of the Quadrant "residential north" property, which the City annexed in 1998. Current Federal Way comprehensive plan and zoning designations for the proposed annexation area, as adopted by the City in 1998, are Multifamily Residential and RM-3600 (3600 square feet of lot area per dwelling unit), respectively. (See Exhibits C, D, and E). B. HISTORY AND BACKGROUND The applicant's cover letter (Exhibit B) indicates that the purpose of the 10% petition is to "finalize the annexation process initiated last year." Quadrant is currently purchasing "Tract Land Use and Transportation Committee May 28, 1999 C. (2) (3) (4) (5) (6) 17", with intent to consolidate it under common ownership and future development with the adjacent 25 acres, annexed to the City in 1998 and known as Quadrant "residential north" annexation. Quadrant inadvertently left "Tract 17" out of the "residential north" annexation petition in 1998. However, the City did adopt pre-annexation comprehensive plan and zoning designations for the subject property as part of the 1998 comprehensive plan updates (See Section D, below). Also, future development of "Tract 17" is subject to an existing development agreement, approved by the Council in 1998, which limits residential density on the site to six units per gross acre (See Section D, below). ANNEXATION PROCESS State law provides for six different annexation methods. As with previous City annexations, the "Tract 17" petition will utilize the direct petition method, as outlined below: (1) The applicant meets with City Officials and staff to discuss the annexation process and the boundaries of the area to be annexed. The first petition called the Notice of Intention to Petition for Annexation (10% petition level) is prepared and circulated by the applicant among all affected property owners, and the signatures on the petition are validated and found sufficient by the City Clerk. (Note: Unlkr the petition method, state law requires the petitioner(s) to be the owner(s) of no less than ten percent in value of the property to be annexed The City Clerk has certified (Exhibit F), that signator John Elley is the sole owner of record of all property contained within the annexation area.) The City Council holds a meeting, and decides whether to accept the proposed annexation, and if so, under what conditions. A decision to "accept" the annexation proposal does not commit the Council to ultimately approve the annexation. It only means that the Council will allow the proposal to proceed to the 60% petition process. This is the current point in the process. Refer to Sections F. and G.. below. for Council Action Required and Staff Recommendations. If the City Council accepts the Notice ofIntention, the 60% petition is prepared for the applicant to circulate for signatures in the proposed annexation area. After the signatures on the 60% petition are validated, and if the City Council wishes to entertain the petition, a City Council public hearing on the petition is scheduled. After the public hearing, staff submits the Notice of Intention to Annex, and other required information, to the King County Boundary Review Board. The Boundary Review Board holds a public meeting to decide if the annexation should be approved. 2 Land Use and Transportation Committee May 28,1999 (7) The City's annexation ordinance is written to become effective upon approval by the Boundary Review Board, with the effective date fixed in the ordinance. D. COMPREHENSIVE PLAN AND ZONING DESIGNATIONS Pre-annexation comprehensive plan and zoning designations for "Tract 17" were adopted by the City Council on December 15, 1998 (Ordinance #98-330). These designations included multi-family resickntial, andRM-3600, respectively; and were consistent with adopted zoning for the adjacent Quadrant "residential north" property. In 1998 the Council also approved a development agreement for Quadrant's "residential north" and "Tract 17" properties, which limits residential density on the site to six units per gross acre. These actions assumed inclusion of "Tract 17" in Quadrant's future development plans for the area as proposed at that time. However, in April of this year, Quadrant submitted a request for amendments to the comprehensive plan and zoning designations for the "residential north" and "Tract 17" properties. Quadrant's rezone application states that the request is based on a change in site development plans, from residential condominiums to a Business Park use. Quadrant's request is currently being processed as part of the City's annual updates to the comprehensive plan. A City Council public hearing on proposed updates to the comprehensive plan is tentatively scheduled for July, 1999. The current rezone and annexation proposals are separate but related processes. It is expected that Council action on the rezone request will precede final action on the annexation, i.e., the 60% petition meeting. If this will not be the case, staff will appraise Council prior to final action on the proposed annexation, i.e., the 60% petition meeting. E. ANNEXATION ANALYSIS If the Council accepts the 10% petition and authorizes circulation of the 60% annexation petition, several issues will be examined for Council review prior to final action, e.g., land use, surface water, site access, street network and circulation. A staff report on the analysis will be presented to Council at the the 60% petition stage of annexation. F. CIlY COUNCIL ACTION REQUIRED AND STAFF COMMENTS Pursuant to state law, the City Council must decide whether to accept Quadrant's intention to petition for annexation; and if so, under what conditions. Council members must act on the following specific decision points at the Council meeting. Staff comments are provided. 3 Land Use and Transportation Committee May 28, 1999 G. v Whether or not the City will accept, reject, or geographically modify the annexation area boundaries as proposed The subject property, "Tract 17" is geographically contiguous to the Federal Way City limits. More specifically, it abuts two boundaries of property annexed by the City in 1998 and known as "residential north." The City Council can modify annexation boundaries at either the 1 0% or 60% petition meetings. However, no properties other than the subject property are proposed or recommended for annexation at this time. The staff report at the 60% stage will include the final boundaries of the proposed annexation, reflecting City Council direction at the 10% petition meeting, and any minor adjustment resulting ITom verification of legal lot lines by City staff. v Whether the City will require the simultaneous adoption of interim or initial comprehensive plan and zoning map designation. In 1998, the City Council adopted pre-annexation planning and zoning designations for the subject property of Multifamily and RM-3600, respectively. Council also authorized a development agreement that applies to the subject area, once it is annexed. As part of the 1999 comprehensive plan updates, Council will consider a rezone request for the subject property from RM-3600 to Business Park (BP). Council action on this request is expected to precede final Council action on the proposed annexation, i.e., the 60% petition meeting. However, pending Council's decision on the rezone request, existing designations and agreements remain in effect, with no interim or initial designations required. v Whether the City will require the assumption of all or any portion of exisiting city indebtedness by the area to be annexed. Staff recommends that all annexations be required to assume a proportionate share of the City's outstanding bond debt. This is consistent with previous annexations. The City's total outstanding bond indebtedness as of 12/31/98 is $35,465,000. STAFF RECOMMENDATIONS (1) (2) The City Council accept the 10% petition for annexation as proposed, with boundaries as proposed (subject to verification oflegallot lines) and authorize the circulation of the 60% petition; and The City Council require assumption of proportionate share of bonded indebtedness as a matter of policy. 4 Land Use and Transportation Committee May 28, 1999 Attached Exhibits A B C D E F Applicant's Notice ofIntention to Petition for Annexation Cover letter from Kristina Dalman; Hillis, Clark, Martin & Peterson Vicinity Map Parcel map Assessor's parcel data City Clerk's certification of petition i:lm\annextract17rt1utc.mem 5 ~I NOTICE OF INTENTION TO PETITION FOR ANNEXATION TO: Honorable Mayor and City Council of the City of Federal Way 35530 First Way South Federal Way, Washington 98003 Mayor and Council Members: Pursuant to RCW 35A.14.120, the undersigned, John R. Elley (the "Initiating Party"), who is the owner of not less that 10 percent (10%) in value of the property for which annexation is sought, hereby notifies the City Council of the City of Federal Way of its intention to petition for annexation of its property to the City of Federal Way. The property proposed for annexation (the "Subject Property") is legally described on Exhibit A, attached and incorporated herein. A map outlining the boundary of the Subject Property is also attached and incorporated herein as Exhibit B. The Subject Property is within the City's Urban Growth Boundary as designated by the Federal Way Comprehensive Plan, and is contiguous to existing City boundaries. Pursuant to Ordinance No. 98-330 adopted December 15, 1998 and effective December 23, 1998, the City of Federal Way has already amended the Federal Way Comprehensive Plan to include the Subject Property and has already adopted zoning regulations for the Subject Property. Pursuant to RCW 35A.14.120, the Initiating Party hereby requests that the City Council set a date, not later than 60 days after the filing of this Notice of Intention, for a meeting with the Initiating Party to determine whether the City of Federal Way will accept this Notice ofIntention and allow for the subsequent submission of a petition for annexation and whether it shall require the assumption of a portion of existing City indebtedness by the area to be annexed. dayof~ ~Æ DATED this I.:] , 1991 q JOHN R. ELLEY #8026511101-1212/04/99 ORIGINAL B~ f(, e~cL. 7 ÉXHIBIT A 3- PAGE-I-OF . \ ? ANNEXATION DESCRIPTION QUADRANT RES NORTH, TRACT 17 PARCEL THAT PORTION OF OF LOT 17, MIDWAY SUBURBAN TRACTS, ACCORD~G TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, I WASHINGTON, LYING SOUTHERLY OF THE SOUTHEASTERLY MARGI OF THE BONNEVILLE POWER ADMINISTRATION'S TRANSMISSION LINE RIGH OF WAY, 200 FEET IN WIDTH, FOR COVINGTON-TACOMA TRANSMISSION LINES I OS. 1 AND 2, AS SAID RIGHT OF WAY EXISTED PRIOR TO NOVEMBER 29, 1958. DESCRIPTION BY W &H PACIFIC, INe. Jit/¿- ø~ ROBERT E. WALLIS, P.LS. 18102 ..Jqø Z£; 1'79:7 DATE I cIPROJEcn 1681 020 1 \ WORDIRESNLGL.doc EXHIBIT A EXHIBIT PAGE~OF ~ ...' CONCRETE MONUMENT SW 1/4 SECnON 70, T 27 N, R 4 E, w.M. W1TH COPPER PLUG \ ./' ' (E;^1.-- - APRIL 799c:!./'./' ::;;,\ ~ ./' - ./' O~ Ó tIt. .,"'- , ./' ./' ./' SS~ 0 .~1" I ./' ./' ./' S~'ì Y. -o~ ./ ó""'./' ./'./'./' ~p.~ ~~:;~~.Oß L./'./ ./'./" N ..... O. ./' ~\-\..t.~t.~'"\ 1,./' I o~~\p.s~ .," \./'~ "..-I./' ./' ~ 0V"~ // '1 //J><~ I -~- CENÆR OF ...- ') ...- :...- ...- ...- ...- . ) I " ~~~izi~~,. ::\" f > :\~",:~¡~~~ii, i"i";~; ;':;,; S ~::~~;~, .~[ ~~S~" .,. ¡ ¡\~':~>~~:~:\?Ð ./'~/./' O~ t.!,-S ~I~ , ,~ /' ./' ./' ~C:~~~ .~~ &i TF1.r1t;T 17 . .,~ ./'./' 'I,r . C\ .... ~ /' a ~~ ./' V'¡, <0 p Y'[j./}C-/ lEi I 2;:~ -,-., ..~- -- S8;~~'E --::Ý , , THIS DRAWING IS BASED ON CHICAGO TITLE INSURANCE COMPANY, ORDER NO. 537643, DA TED DECEMBER 9, 7998 AND ESM SURVEY DRAWING RECORDED IN VOLUME 75 OF SURVEYS ON PAGE 203, RECORDS OF KING COUNTY. t;J.::c¡' JE " . "', " EXPIRES :r-';'-iJiC T ,D' /FJ),! CT .:} '-. . ' 4"X4" CONC- MON. ; WI TH COPPER PIN «,,- MONUMENTED STREET CENTERLINE (ESM - FEB. 1990)] 9 10 N89'44'4rW ; N89'44'47"W :':::- 830.02' -.': 2665.07' (ESM) --. ------------------ 10 15 - S. 320TH Sf. --7-------- , --- -' 15 2 IRON PIPE FILLED WITH S89'03'19"E -./ STONE MONUMENT CONCRETE WITH TACK, IN CASE 2665.35' WITH CHISELED 'X' (ESM - FEB. 7990) (ESM - FEB. 1990) .. PACIFIC 33:;0 MONTE VIlLA PARKWAY BOrnELL, WASHINGTON 98021 JrIt'1I'. JrHPAC1i7c.COII TEL: (4251951-4800 FAX: (4z519SJ-4808 Pkaalac . ED&lae«úl& ' SUt"feJlD& ' Laad~pc Arcb.1tectu", QUADRANT RESIDENTIAL NORTH TRACT 17 ANNEXA TION EXHIBIT FEDERAL WA Y £)(lIIBll B - a WASHINGTON ,:: is w SCAlE: 7" = 7 00 . ,...- ./' ..... ,...- ./' ./' Q') ~ It) S- a w ~ a 2/05/00 <.=J <.=J ~ Q') ~ lC') ~ SHEET: 1 /1 ~ EXHIBJI- PAGE~OF PROJECT NO. 03.1681.0002 FILE NAME; S681 [XO 1.0WG 8r- Law Offices HILLIS CLARK MARTIN & PETERSON A Professional Service Corporation 500 Galland Building, 1221 Second Avenue Seattle, Washington 98101-2925 (206) 623-1745 Facsimile (206) 623-7789 May 4, 1999 Af\)Nqq - 000 I Mr. Stephen Clifton Director, Dept. of Community Development City of Federal Way 33530 First Way South Federal Way, WA 98003 Re: Notice of Intention to Petition for Annexation ("10% Petition ") for Tract 17 Dear Stephen: On behalf of The Quadrant Corporation ("Quadrant") and Mr. John R. Elley, we are writing to submit the Notice of Intention to Petition for Annexation for the real property known as Tract 17 of the Midway Suburban Tracts located in unincorporated King County ("Property"). Enclosed with this letter is the requisite 10% Petition for the annexation of the Property. Currently, Mr. Elley is the record owner of the Property. Quadrant is the contract purchaser of the Property. This 10% Petition is being submitted to finalize the annexation process initiated last year. Pursuant to City of Federal Way Ordinance No. 98-330 adopted December 15, 1998 and effective December 23, 1998, the City of Federal Way amended the Federal Way Comprehensive Plan to include the Property and adopted zoning regulations for the Property. In order to finalize the process of incorporating the Property into the City of Federal Way, the City needs to formally approve the annexation of the Property. We respectfully request that the City promptly process this 10% Petition. If you have any questions or concerns relating to this matter, please do not hesitate to give me a call. Very truly yours, ~.: -t~ ~~ krna M. Dalman Enclosures cc. w/ encls: Peter Orser, The Quadrant Corporation Bob Sterbank, The City of Federal Way RECEIVED BY ~()WJ{N'TY DEVELOPMENT DEPARWnlT # 117241 2$GPOI LDOC 5/04/99 E-Mail: KMD@hcmp.com MAY 5 1999 EXHIBIT, ' PAGEL-OF ~II!I~~Ç '" fiJ,fffl3~>, """~,."..,fT\~@..q:, ";i"': ,-/,-:,::r ":':;~"Ii,/"';:"" """" C\I" "~"" I..:"""..":,,...~:,.:, ""I,""Y""'::"~':i":"'" """"',-,",",>'(1"",' 'j'" ;":",,,,""'.',',,",:",',-',"',"',"":"'-"":þ',/I"l,ilI.Wi,:,:,:,',',: " ,1:,;,:,:,:,~,',;,:'l;,I,';~\,',~' !:',',',':,' """""",,~'jIII,','~J",'~,,""",ã,'"t1,',I,JI, 1'1,:,' , : \11.t,II:",SJrrJ,lIl::,Hf""',¡"", """""""~Ii11'f.""""',,,jr.",,'OI' "I,\"\";"¡'I~~:":':"::'-""', '~I\""!'" ;',!!!!¡',¡;:,:,í'::';;',\"',\ :':"':.o:::i;~~T ,';.íf~"$~I\" ,"'i':':; ï"'i':'""';":":',""I"",A .", ;,'::((~,J\: CDI""':,"~':"'I',II",r"', < ...' ,¡"""<'"I."-,"i, , ','~i';F,;"~"""""",,,,...r'\"'I' ",' Ili"r I",' "'I, ¡d,/' ",1',"",,:-,"11 .,)...t:::.'('liì:J"iI\II.I",,::, :'..'; """..,..,..~:';:\:¡!¡S{!:;}¡!L:,\¡,.i.i:>,'i¡¡,:~L<~\:.;;~i.~#J:!':1 ,::ï,IJI;;, ' ';!:¡i,"':I'; ~ \'~¡;::~'~¡;~k" 'OL,o,"";x"":""."I-',;,,,,.,,',~"""",'""".""",,',',I~I,',.",1,,1 I",' 'I.,' "II .""""""""""",,"'iII,',,""':""""""':,',",,1,',1,Î", ';,:."~,'"',',~~',',',l~,,r,,"'I,,',I,,~,,,,',,!,.',,'¡'~\t,:¡;":;"~::','.,':O,'ë"\",:'I:},,l:~,,'.~","""',~",",:,','"',,',',,,',/,:,'"Ii,',r,,',',',':,',,",',',:,',',:,,:" ""',~".,',""',I"~,,,',',,',',""""""""\,i",'"/",,',,,'-',",',1, "n.,'fr,,\:',",\\,',,"',','~j' ,!:!',i~»\"Y:í!; ,I :" J " H~t;~::':f:I!(:,::::J~i,~j :::;~\\\~,~W:l~~(');;¡ií\:¡, :Yilll~~¡!I¡ :,;'~~:S~\\\\,<~:,\\::,!+y,!¡/, '\\', .., ';-';'\\\;! .:<':'"",';'::-;/~~! 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' . ~ ~ ' , " - --' ~~~~to'~'~' . - . - - ~O~1.to~. _.~?!-' , - - -- ,.P:'¡ 0091 . --" .. , , --- --, "'---:--"::~.~"..-,,;,;.._,..,.,.~~.--.~.~- .--.,....-......---"----'--', . . ..- I . ~DI!!ftAL WA1 Y cmv- . liMIT' S I (- , - - . .ØI'/:,"~ ' I;I¡' ¡ ...J ¡ 0036 ~ \ -- ,.~,." ts'Î-'\'. ,'!--'~~",,~fDW~Y SUB¡URBA~ TftAfTS ¡ ]1 . --....tf1: \.~'-p'-."-'-~ ; ! ¡ ¡ i i \ ,/' 9>þ.~s~"t.~" -,'. i : :551560-: ¡ ¡ ¡ . - ~'\G"o.¡>,- 11' 2i 3: 4 ¡ Ii: i 6: ,'-_._' "'" \\,""'" ~~ --.ø . : i i ;.. I '7 ia' " ~", .cP, r:JY" I : , i :! J ~n~ ,- o~~tooO<.to -'.~ ., 0005 ; i i : t ¡ ! 0037 . ~ 1. ,/ .. I ~ 0010 . 0015 . 0020 i 0026!: : ,-- .,; ¡ ; I I I ,FIRE ~'._..;...--_..--. 1--,-..--....."': i ! ; ;0026 { OOSO : STATION \ '- .._-. L---- --.--,-.-.......---..--,-L."----"---""":'-'----i! :. 16 14 13 12 11 10 8 9 ~---- ' --.. --_.- S. 320th St. I . "-"'-'-.¡.--- I "'-:--_._-~--""'I' co : I " ~A ¡ :~; . :'1' ¡~; i ;, t:. ¡51' ! ; ::11 "=" ' ! :-. ':II' ! !;.JI Quadrant Tract 17Ij.-..----¡[li ¡ i J5! ! ., I I : ¡ 1 ¡---1! I .; > iI . 'I ' . ~ ::: I ' ;",¡o. f ,- , . "" I--'~: !! ¡: ~ i '.j ,; ¡ ~ :'.Jir :----': : ¡ c'- - ! ; i : I; a:. . . ¡: I'" :-'_:~.... I: ; I 1 :: ~ I UJ. ¡, I ! 1.1.. ,: I' ; .. i ¡ :. ; ¡ ; i 1 '! ! ¡ . -.----, -- .~L...__._L__,J_....._...t_-- r-- ,- - - - I / ---------------1--- / ! / J 111101 9 I 8 1 .25 Acres ~--------- i ! , ! . . ---..-- ..-.--.._.._'--n..- - -------.- ....,--i___.__,--- i ..----------- ; PROPOSED ANNEXATION Quadrant Tract 17 (SE 09-21-04, SW 10-21-04, NW 15-21-04 & NE 16-21-04) To the City of Federal Way Parcel Map Comprehensive Plan: MultiFamily Zoning: RM3600 Legend: -.. Federal Way City Limits - Proposed Annexation Area City of Federal Way ~ N 4 5 6 7 Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet ~ IT $ MIprojectiannexlbrb 1 c2a.aml MetroScan/ King (WA) Parcel# Owner Co Owner Site Mail Sale Dt Price LoanAmt Zoning VestTyp LandUse Bldg Num SPlat REC# SubPIal Legal : 551560 0090 : Elley John R Platted Bldgld : Struct Land Total % Imprvd LevyCode : 3494 1999 Tax : $578,52 ExemptCd Ex Tax # Phone 90Census : 303.076 Map Grid: 744 E5 Nbrhd Cd : 440000 Q : SW S: 10 T: 21N Volume: 38 Page : 40 Jurisdiction' : $40,600 : $40,600 R: 04E 05 : 31800 32Nd PI SW Federal Way 98023 : 3435 S 316Th St Auburn Wa 98001 : 02/09/96 Aud # : 1297 Deed: Quit Claim Loan Lender' IntTyp , : 912 Vacant,Multip1e,1 To 5 Acres : Vacant Land Mobile Home: No . - : Midway Suburban Trs : LOT 17 MIDWAY SUBURBAN IRS POR L Y Bedrooms Bath F3H Fireplace Bsmt Type Deck Stories Units 1stFIr SF FinishSF YearBlt / / 2ndFlr SF Bldg SF EjJYear 3+FloorSF . Lease SF BldgMatl HaljFlrSF AttGrgSF BldgCond FinBsmtSF LotAcres : 1.25 BldgGrde BsmtTotSF LotSF : 54,450 WallMatl BsmtGrgSF' WtrFront WtrFrtSF £. ~OF~:: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. '" CERTIFICATION OF PETffiON FOR ANNEXATION I, N. Christine Green, City Clerk of the City of Federal Way. Washington, do hereby certify that on May 14, 1999, I received a letter from the law offices of Hillis, Clark, Martin & Peterson on behalf of the Quadrant Corporation with the enclosed ten (10%) percent NoticeofIntention to Petition for Annexation from John R. Elley, which documents are attached hereto as Exhibits 1 and 2. I then proceeded to make a determination on the sole signature submitted thereon. The petition contains the signature of John R. Elley. The value is not less than ten (10%) percent of the value of the property in the annexation area as a whole, according to the assessed valuation for general taxation of the property for which annexation is sought. The signature submitted on the Notice of Intention to Petition for Annexation represents an assessed valuation of $40,600.00, which constitutes 100% of the total area and exceeds the required ten (10%) percent. Attached hereto as Exhibit 3 is a copy of the city's validation of parcel ownership by the annexation petitioner. In accordance with verbal information received from the Department of Assessments, the city will not submit annexation documentation to King County until receipt of the sixty (60%) percent' petition. SIGNED and SEALED this 17th day of May, 1999. (~~~ N. hristine Green, CMC City Clerk City of Federal Way, Washington \1\ ~~ ~ '-. .'. . '-... h.~^I~'Ah/~ -' " ( ..,,', ,'. ' ~"I'Z~~ ~~, E~HIBIT J , PA G E-I- OF -I-- annex.pet RECE\\fE~~! ~~"."",,c:1\)' ~. ','J' ,. "t~~!~!lI"IITV "C::' !,. , ' '" . CITY OF FEDERAL WAY DATE: TO: FROM: SUBJECT: June I, 1999 CITY COUN~AND USE AND TRANSPORTATION COMMITTEE Martin Nordb~Compliance Officer Civil Violations Ordinance - Corrections While doing a procedural analysis of the civil violations process in preparation for implementing the ordinance, a small error was discovered. A recommended change to the ordinance was made following Planning Commission review but during the exchange of electronic draft versions among staff the change was inadvertently dropped out of the version provided to Council for adoption. The change concerns a requirement the appellant notify property owners within a radius of 300' from their property they are appealing a civil citation. This was removed because it placed an unnecessary burden on the appellant and adds to the time and expense involved in processing and hearing the appeal. Staff requests the City Council correct the ordinance by making the change. The section that requires correction should be amended as follows: Sec. 1-19. Appeal to hearings examiner. (a) General. A person to whom an order to cease activity or a notice and order is directed may appeal the order to cease activity or notice and order to the hearings examiner. The person appealing may appeal either the determination that a violation exists, the amount of any monetary penalty imposed, the corrective action ordered, or all three. (b) How to appeal. A person may appeal an order to cease activity or notice and order by filing a written notice of appeal with the City Clerk within fourteen (14) calendar days from the date of service ofthe order to cease activity or notice and order. The appeal must be accompanied by cash or a check, payable to the City of Federal Way, in the amount of $100.00, which is refundable in the event the appellant prevails on the appeal. (c) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the requirement for action specified in the notice and order that is the subject ofthe appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the hearings examiner may impose a daily monetary penalty from the date of service of the order to cease activity or notice and order if he finds that the appeal is frivolous or intended solely to delay compliance. The filing of an appeal of an order to cease activity shall be as provided in section 1-16( d). (d) Notice of and hearing before the hearings examiner. (1) Date of hearing. Within 10 days of the Clerk's receipt of the appeal, the hearings examiner shall set a public hearing for a date within 30 days of the Clerk's receipt of the appeal. (2) Notice of hearing. (i) (ii) (iii) (iv) (v) (vi) (3) Content. The Clerk shall cause a notice of the appeal hearing-tð-be J}osted on the J}roJ}erty that is the subject of the order to cease activity or notice and order, ftfttl to be mailed to the appellant and. if known. to the complainant. J}fOJ}crty er;merg loeftted within 300 feet of the property that is the sttbjeet eft-hc violation. The Notice shall contain the following: The file number and a brief description of the matter being appealed. A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal; The date, term and place of the public hearing on the appeal. A statement of who may participate in the appeal. A statement of how to participate in the appeal. Distribution. The Notice shall be mailed and posted at least ten calendar days before the hearing on the appeal. CITY OF FEDERAL WAY MEMORANDUM June 1, 1999 FROM: Land Use/Transportation Committee (LUTC) Stephen Clifton, AICP, Director of Community Development Services t:J.Á..~ Margaret H. Clark, AICP, Senior Planner ~ S@ To: SUBJECT: 1999 Comprehensive Plan Update I BACKGROUND A formal process for updating the comprehensive plan and development regulations was adopted in March 1999. This process sets up a yearly deadline of September 30 to submit application for amendments. For the 1999 calendar year only, there was also an April 30 deadline for submittal of applications. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to consider for adoption. It is the city's practice that all city business be presented to a Council Committee, in this case the Land Use/ Transportation Committee, prior to Council deliberation. Changes and updates to the comprehensive plan can be divided into updates to chapters and requests for changes to comprehensive plan designations and zoning for specific parcels. A. Updates to Chapters Chapters of the comprehensive plan are proposed to be updated based on input from the following city departments and outside agencies to reflect changed conditions since the last update which was effective December 23, 1998. 1. City Departments and Divisions (i) Surface Water Management (SWM) Division (ii) Parks, Recreation, and Cultural Services (P ARCS) Department (iii) Traffic Division (iv) Human Services Division (v) Public Safety Department 2. Outside Agencies or Individuals (i) Economic Development Executive (ii) Federal Way School District (iii) Lakehaven Utility District (iv) Federal Way Fire Department (v) TCI (vi) Puget Sound Energy (PSE) All proposed changes are housekeeping in nature and propose no new policies or substantive changes. B. Site-Specific Comprehensive Plan Changes (Exhibit A - Composite Map) The city received the following site specific requests: 1. Request from Zaran Sayre to change the comprehensive plan designation and zoning of 11,717 square feet (0.27 acres) located south of South 305th Place and east of Pacific Highway from Multifamily and RM 1800 (one unit per 1,800 square feet) to Community Business and BC zoning (Exhibit B). 2. Request from Village Properties to change the comprehensive plan designation and zoning of 1.6 acres located north ofSW 320th Street and west of 21st Avenue SW from Office Park and Professional Office (PO) to Neighborhood Business and BN zoning (Exhibit C). 3. Request from the Weyerhaeuser Company to change the comprehensive plan designation and zoning of 20.19 acres located north of South 320th Street and east ofI-5 from Multifamily and RM 3600 (one unit per 3,600 square feet) to Business Park and BP zoning (Exhibit D). 4. Request from Mr. Velasco to change the comprehensive plan designation and zoning of 0.75 acres located southwest of Hoyt Road SW and north ofSW 340th Street from Single Family High Density and RS 9.6 (one unit per 9,600 square feet) to Neighborhood Business and BN zoning (Exhibit E). 5. Request from Campus Gateway Associates to change the comprehensive plan designation and zoning of 16.75 acres located south of South 336th Street and west of Pacific Highway South from Business Park and BP zoning to Community Business and BC zoning (Exhibit F). 6. Request from Mr. Merlino to change the comprehensive plan designation and zoning of8.9 acres located between South 336th Street and the intersection of 16th Avenue South and Pacific Highway South, west of Pacific Highway South from Business Park and BP zoning to Community Business and BC zoning (Exhibit G). Page 2 of 26 II (This parcel is located directly south of the Campus Gateway Associates parcel.) 7. Request from Mr. Gilroy to change the comprehensive plan designation and zoning of 8.28 acres located west ofthe intersection of 16th Avenue South and Pacific Highway South from Business Park and BP zoning to Community Business and BC zoning (Exhibit H). 8. Request from the Weyerhaeuser Company to change the comprehensive plan designation and zoning of 51.68 acres located south of South 336th Street and east of Pacific Highway South from Business Park and BP zoning to Multifamily and RM 3600 zoning (one unit per 3,600 square feet) (Exhibit I). 9. Request from Goldmax Inc. to change the comprehensive plan designation and zoning of22.5 acres located west of Pacific Highway South at about 361st Place from Single Family Low Density and SE - Suburban Estates (one unit per five acres) to Single Family Medium Density and RS 35.0 (one unit per 35,000 square feet) (Exhibit J). REASON FOR COUNCIL ACTION Pursuant to FWCC Article IX, Process VI Review, the City Council is required to review all requests concurrently. Further, prior to adoption, the Council is required to hold a public hearing at which time it selects those amendment requests it wishes to consider for adoption based on specific criteria outlined in Section IV of this staff report. III PROCEDURAL SUMMARY June 7, 1999 April 30, 1999 Deadline for Applications LUTC Meeting - A summary of all requests will be presented to the LUTC for determination of which requests should be considered during the upcoming amendment process, July 6, 1999 (Tentative) City Council Public Hearing - The Council shall select the comprehensive plan amendments to be addressed during the upcoming cycle. July 22, ] 999 (Tentative) Preapplications on Site Specific Requests July 28, 1999 (Tentative) SEPA Determination Issued (15 Day Comment and 14 Day Appeal Period Ends on August 26) September 15, October 6, & Oct 20, 1999 (Tentative) Public Hearing by Planning Commission Page 3 of 26 November 1 & November 15, 1999 LUTC Meeting December 7,1999 City Council Adopts Comprehensive Plan IV DECISIONAL CRITERIA The following criteria shall be used in selecting the comprehensive plan amendments to be addressed during the upcoming cycle: 1. Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. 2. Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. 3. Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. 4. In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: 1. Whether the proposed amendment can be incorporated into planned or active projects. 2. Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. 3. Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. 4. Order of requests received. Based on its review of requests according to the above criteria, the Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. Page 4 of 26 v STAFF RECOMMENDATION SITE SPECIFIC REQUEST #1 Parcel: Location: Size: Proponent: Owner: Request: 255817-0010. South of S 305th Place and east of Pacific Highway (Exhibit B). 11,717 square feet (0.27 acres). Zaran Sayre. Same. Request to change the comprehensive plan designation and zoning from Multifamily and RM 1800 (one unit per 1,800 square feet) to Community Business and BC zoning. DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response At the time that the city incorporated, this site was zoned RM 900 (Multifamily/one unit per 900 square feet) by King County. The City of Federal Way adopted RM 1800 (Multifamily/ one unit per 1,800 square feet) zoning for the site which was the closest to King County's zoning. However, the site has been developed as a real estate office since 1965. Designating the site as Community Business will not conflict with any polices within the comprehensive plan and due to its area (0.27 acres), a change from multifamily to business should have a minimal effect on the city's land capacity. Page 11-17 of the 1998 Federal Way Comprehensive Plan (FWCP) states that, "The Community Business Designation generally runs along both sides of SR-99 from South 272nd to South 348th." This site falls within that area. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Page 5 of 26 Staff Response The proposal does not conflict with any existing state or local laws, including the Growth Management Act. The area is already developed with all existing services, and the change would be from one urban designation to another. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received Staff Response This was the ninth request received. Page 6 of 26 Staff Recommendation: That the request go forward for further analysis. SITE SPECIFIC REQUEST #2 Parcel: Location: Size: Proponent: Owner: Request: 122103-9030. North of SW 320th Street and west of 21 st Ave (Exhibit C). 1.6 acres. Richard Costanzo representing Village Properties. Happy Valley Land Co. Request to change the comprehensive plan designation and zoning from Office Park and Professional Office (PO) to Neighborhood Business and BN zoning. The applicant also proposes to dedicate approximately two acres located south of SW 320th Street and west of 21st Ave to the city for a park. DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. It was, however, studied during the 1995 amendment request. At that time, Evergreen Development Company requested a land use designation that would allow a small neighborhood scale retail development. The City Council denied the request based on the lack of need for additional neighborhood business. Conditions in the immediate vicinity have not significantly changed in the last five years. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response Page II-I ofthe FWCP describes a land use concept for Federal Way, which includes provision of community and commercial services to residential neighborhoods and promotion of conveniently scaled shopping for residential neighborhoods. At the time that the 1995 comprehensive plan was adopted, there were nearly a dozen various sized nodes of Neighborhood Business located throughout the city. An economic analysis done at that time determined that every new resident can support 15 square feet of new commercial use. At that time, it was determined that existing sites provided sufficient capacity to accommodate existing and future demand for Neighborhood Business Space. Based on the State Office of Page 7 of 26 Financial Management, the population of the Federal Way has grown from 74,290 to 76,820 between April 1, 1995, and April I, 1998, a 3.4 percent increase. However, information oil existing square footage of commercial use will not be available until a new capacity analysis is run later in the comprehensive update process. The applicant has submitted a letter explaining why he believes the request conforms to the vision of the comprehensive plan (Exhibit K). Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response The proposal does not conflict with any existing state or local laws, including the Growth Management Act. The area is already developed with all existing services and the change would be from one urban designation to another. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this, since this is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: It is not clear whether the request meets the criteria set forth in 1-4 above, however, the remainder of the criteria will still be addressed. Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Page 8 of 26 Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received. Staff Response This was the seventh request received. Staff Recommendation: That the request go forward for further analysis. SITE SPECIFIC REQUEST #3 Parcels: 551560-0005,551560-0010,551560-0015,551560-0020,551560-0025, 551560-0026,551560-0030,551560-0035, & 551560-0091. North of S 320th Street and east ofI-5 (Exhibit D). 20.19 acres. Peter Orser representing the Weyerhaeuser Company. The Weyerhaeuser Company. Request to change the comprehensive plan designation and zoning from Multifamily and RM 3600 (one unit per 3,600 square feet) to Business Park and BP zoning. Location: Size: Proponent: Owner: Request: DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was annexed to the City of Federal Way in January 1999, and received a comprehensive plan designation of Multifamily and zoning ofRM 3600 (one unit per 3,600 square feet) as part ofthe last comprehensive plan update (effective December 23, 1998). The applicant's reason for the request, as stated in the application (Exhibit L), is that the on and off-site infrastructure improvements required to improve the site require improvements well beyond the capability of the use. Additionally, the presence of Capital One in the East Page 9 of 26 Campus has materially changed the dynamics of the East Campus area. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response FWCP Policy LUP states that employment and business opportunities must be provided by allocating adequate land for commercial, office, and business park opportunities. Prior to annexation, this site was zoned for a mixture of office and multifamily under King County. Upon annexation to the city, it was given a zoning designation ofRM 3600 (one unit per 3,600 square feet) with a development agreement which limited the site to 81 units. Existing Business Park zones are located west ofI-5 and between South 336th Street and SW 359th Street. Further, although there is an Office Park 1 zone located to the south of South 320th Street, designating the requested site Business Park will encourage potential new uses such as light manufacturing and warehouse/distribution into an area which is predominantly single family at the moment. The city will be doing a capacity analysis as part of this comprehensive plan update. Until this analysis is completed, it is not possible to say with certainty whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response Based on limited analysis, the proposal does not conflict with any existing state or local laws. Compliance with the Growth Management Act in part will depend on the analysis of the capacity analysis which will determine if housing and employment targets can still be met after changes in comprehensive plan designation and zoning. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: It is not clear whether the request meets the criteria set forth in 1-4 above, however, the remainder of the criteria will still be addressed. Page 10 of 26 Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received. Staff Response This was the third request received. Staff Recommendation: That the request go forward for further analysis. SITE SPECIFIC REQUEST #4 Parcel: Location: Size: Proponent: Owner: Request: 921152-0590. West of the Hoyt Road SW and SW 340th Street intersection (Exhibit E). 32,547 square feet (0.75 acres). Sally Ramos. Mr. Velasco. Request to change the comprehensive plan designation and zoning from Single Family High Density and RS 9.6 (one unit per 9,600 square feet) to Neighborhood Business and BN zoning. Page 11 of 26 DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. It was, however, studied during the 1995 comprehensive amendment process. At that time, the applicant, Sally Ramos, requested a change in comprehensive plan designation from Residential to Neighborhood Business. The Council denied the request on the basis that approving the request would be contrary to FWCP Policy LU-48, which states that new commercial development shall be limited to existing commercial areas. In addition, the Land Use Chapter states that the comprehensive plan recognizes the importance of firmly fixed boundaries to prevent commercial intrusion into adjacent neighborhoods. Based on language on the face of the underlying plat, Wedgewood West III, access to this parcel is via a tract which connects this parcel to SW 388th Street, the cui de sac to the northwest. The language on the face of the plat further states that if the lot is developed for non-residential purposes, then permission to access unto Hoyt Road must be obtained from the Public Works Department. No change in zoning in the immediate vicinity has occurred since 1995. However, a gas station (Hoyt Road Chevron) has been recently constructed on the southwestern comer of this intersection. Criterion No 2: Whether the proposed amendment is consistent with the overall vision of the comprehensive plan Staff Response: The proposed amendment is not consistent with the overall vision of the comprehensive plan as discussed above. However, the site is unique in that it abuts two roads, of which Hoyt Road is a minor arterial. Therefore, it may not be suitable for development as a residence. Criterion No 3: Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response: Based on a limited analysis, the proposed amendment does not conflict with any state or local laws or the Growth Management Act. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the Page 12 of 26 request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Although the request does not meet criteria 1 and 2 above, the remainder of the criteria will still be addressed, since the Council may want to consider it for further review due to its unique location. The applicant has indicated that they are interested in building a physician's clinic on the site. Careful crafting of a development agreement may allow such a use while providing adequate buffering ofthe adjacent residences. Whether the site can accommodate a clinic while providing adequate buffering, and the issue of access unto Hoyt Road, would be more fully explored through a preapplication conference which is the next step after the Council has completed this selection process. Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects Staff Response If the Council approves a change in designation based on a development agreement, this could be incorporated into this comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received. Page 13 of 26 Staff Response This was the second request received. Staff Recommendation: That the request go forward for further analysis based on a proposal for a physician's clinic under a. development agreement. SITE SPECIFIC REQUEST #5 Parcel: Location: Size: Proponent: Owner: Request: 202104-9070. South ofS 336th Street and west of Pacific Highway S (Exhibit F). 16.75 acres. Leonard C. Schaadt, representing Campus Gateway Associates. Campus Gateway Associates. Request to change the comprehensive plan designation and zoning from Business Park and BP zoning to Community Business and BC zoning. DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. It was, however, studied during the 1995 amendment request. At that time, Campus Gateway Associates requested a change in the comprehensive plan designation from Industrial/Office Park to Community Business of a much larger area (26 acres total); it also included the parcel immediately to the west. The Council denied this request on the basis that a Business Park designation would be consistent with then existing comprehensive plan designation and uses in that area and would avoid the potential for nonconforming uses along 9th A venue. The present request does not extend all the way to 9th Avenue. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response None of the Business Park zoned property has developed within this area. This is one of three parcels totaling 33.93 acres requesting a change from Business Park to Community Business. The other sites are Site Specific Request #6 - Merlino, immediately to the south and Site Specific Request No.7 - Gilroy (the Wright property), two parcels away to the Page 14 of 26 south. Designating the site as Community Business should not conflict with any polices within the comprehensive plan. Page II-17 of the FWCP states that, "The Community Business Designation generally runs along both sides of SR-99 from South 272nd to South 348th." This site falls within that area. There is existing Community Business designations to the north across South 336th and to the east across Pacific Highway South. The city will be doing a capacity analysis as part of this comprehensive plan update. Until this analysis is completed, it is not possible to say with certainty whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response Based on limited analysis, the proposal does not conflict with any existing state or local laws. Compliance with the Growth Management Act in part will depend on the analysis of the capacity analysis which will determine if employment targets can still be met after changes in comprehensive plan designation and zoning. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: It is not clear whether the request meets the criteria set forth in 1-4 above, however, the remainder of the criteria will still be addressed. . Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Page 15 of 26 Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received. Staff Response This was the fifth request received. Staff Recommendation: In order to be consistent, if the Council determines that the request go forward for further analysis, staff recommends looking at all properties between South 336th and the existing Community Business zone to the south. SITE SPECIFIC REQUEST #6 Parcel: Location: 202104-9001. West of Pacific Highway S, between S 336th Street and the intersection of 16th Ave S and Pacific Highway S (Exhibit G). 8.9 acres. Mr. Merlino. Same. Request to change the comprehensive plan designation and zoning from Business Park and BP zoning to Community Business and BC zoning. (This parcel is located directly south of the Campus Gateway Associates parcel.) Size: Proponent: Owner: Request: DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Page 16 of 26 Staff Response This area was not studied during the last amendment process. It was, however, studied during the 1995 amendment request. At that time, the request was a change in land use designation for approximately 16 acres. This included Mr. Merlino's property and the property to the south. A designation of Community Business was requested for that portion of the site between the north-south flowing Hylebos stream and Pacific Highway South, with a Business Park designation for the remaining property west of the stream. Since then, the city has constructed a regional detention pond on easements on the westerly portion of these parcels. The Council denied this request on the basis that the comprehensive plan strives to focus Community Business in existing areas along the SR 99 corridor and in the South 348th Street area. Furthermore, designating additional areas as Community Business might redirect the focus of economic growth from the City Center Core and Frame. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response Designating the site as Community Business should not conflict with any polices within the comprehensive plan. Page II-17 of the FWCP states that, "The Community Business Designation generally runs along both sides of SR-99 from South 272nd to South 348th." This site falls within that area. There is existing Community Business designations further to the north across South 336th, to the south of the Wright property (the Gilroy site), and to the east across Pacific Highway South. As discussed under Site Specific Request #5, there are three separate requests within this general vicinity for changes in the comprehensive plan designation and zoning from Business Park to Community Business, totaling approximately 33.93 acres. The city will be doing a capacity analysis as part of this comprehensive plan update. Until this analysis is completed, it is not possible to say with certainty whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response Based on limited analysis, the proposal does not conflict with any existing state or local laws. Compliance with the Growth Management Act in part will depend on the analysis of the capacity analysis which will determine if employment targets can still be met after changes in comprehensive plan designation and zoning. Page 17 of 26 Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: It is not clear whether the request meets the criteria set forth in 1-4 above, however, the remainder of the criteria will still be addressed. Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received. Staff Response This was the sixth request received. Page 18 of 26 Staff Recommendation: In order to be consistent, if the Council determines that the request should go forward for further analysis" staff recommends looking at all properties between South 336th and the existing Community Business zone to the south. SITE SPECIFIC REQUEST #7 Parcel: Location: Size: Proponent: Owner: Request: 202104-9051. West of the intersection of 16th Ave S and Pacific Highway S (Exhibit H). 8.28 acres. Mr. Gilroy. Bob Wright. Request to change the comprehensive plan designation and zoning from Business Park and BP zoning to Community Business and BC zoning. DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. It was, however, studied during the 1995 amendment request. At that time, the request was a change in land use designation from Manufacturing Park to a designation that would allow commercial/retail uses. The Business Park designation was a new designation adopted in 1995 which substantially encompassed the uses found in the Manufacturing Park. Since then, the city has constructed a regional detention pond on an easement on the westerly portion of this parcel. The Council denied this request on the basis that preserving Business Park designated property is vital to providing employment and business opportunities in Federal Way by allocating adequate land for commercial, office, and business park development (LUP27). Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response Designating the site as Community Business should not conflict with any polices within the comprehensive plan. Page 11-17 of the FWCP states that, "The Community Business Designation generally runs along both sides of SR-99 from South 272nd to South 348th." Page 19 of 26 This site falls within that area. There is existing Community Business designations further to the north across South 336th, immediately to the south and to the east across Pacific Highway South. As stated above, there are three separate requests within this general vicinity for changes in the comprehensive plan designation and zoning from Business Park to Community Business, totaling approximately 33.93 acres. The city will be doing a capacity analysis as part of this comprehensive plan update. Until this analysis is completed, it is not possible to say with certainty whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response Based on limited analysis, the proposal does not conflict with any existing state or local laws. Compliance with the Growth Management Act in part will depend on the analysis of the capacity analysis which will determine if employment targets can still be met after changes in comprehensive plan designation and zoning. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: It is not clear whether the request meets the criteria set forth in 1-4 above, however, the remainder of the criteria will still be addressed. Criterion NoS Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Page 20 of 26 Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received. Staff Response This was the eight request received. Staff Recommendation: In order to be consistent, if the Council determines that the request should go forward for further analysis, staff recommends looking at all properties between South 336th and the existing Community Business zone to the south. SITE SPECIFIC REQUEST #8 Parcels: 212104-9003,212194-9004,212104-9016,212104-9026,212104-9051, 212104-9063,212104-9064,212104-9065,212104-9066,212104-9067, 212104-9083, & 212104-9084. South of S 336th Street and east of Pacific Highway S (Exhibit I). 51.68 acres. Peter Orser representing the Weyerhaeuser Company. The Weyerhaeuser Company. Request to change the comprehensive plan designation and zoning from Business Park and BP zoning to Multifamily and RM 3600 zoning (one unit per 3,600 square feet) and to delete the north/south road required in the comprehensive plan. Location: Size: Proponent: Owner: Request: DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Page 21 of 26 Staff Response This area was not studied during the last amendment process. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response The request to change the land use designation of 51.8 acres from Business Park will have an impact on the number of potential jobs and may be in conflict with FWCP LUP26, which calls for employment and business opportunities by allocating adequate land for commercial, office, and business park development. The impact on residential capacity will depend on whether the site will be constructed as residential multifamily or whether it will be developed for other uses allowed in the RM 3600 zone. Per Exhibit M, the Weyerhaeuser Company has been approached by Faith Christian Church to acquire the property so that the church might develop a K -12 school, recreational fields and church facility in a campus-like setting. In the event, the church does not proceed with their plans, the Weyerhaeuser Company proposes to develop the site with a mix of housing, including, single family, attached townhouses, and stacked multifamily. The proposal to delete the north/south road does not conform to Map III - 7, Planned Street Sections of the Comprehensive Plan, which shows the north/south road as being two lanes with parking on both sides. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response Based on limited analysis, the proposal does not conflict with any existing state or local laws. Compliance with the Growth Management Act in part will depend on the analysis of the capacity analysis which will determine if employment targets can still be met after changes in comprehensive plan designation and zoning. Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: It is not clear whether the request meets the criteria set forth in 1-4 above, however, the remainder of the criteria will still be addressed. Page 22 of 26 Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received. Staff Response This was the fourth request received. Staff Recommendation: That the request go forward for further analysis. SITE SPECIFIC REQUEST #9 Parcels: Location: Size: Proponent: Owner: Request: 292104-9080 & 292104-9021. West of Pacific Highway S at about 361st Place. 22.5 acres. Mr K won, Goldmax, Inc. Same. Request to change the comprehensive plan designation and zoning from Single Family Low Density and SE - Suburban Estates (one unit per five acres) to Single Family Medium Density and RS 35.0 (one unit per 35,000 square feet) (Exhibit J). Page 23 of 26 DECISIONAL CRITERIA Criterion No 1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Staff Response This area was not studied during the last amendment process. However, there was a request by Mr. Barovic for a change in land use designation and zoning for 14.21 acres located one parcel away to the north from Single Family Low Density (Suburban Estates - 1 unit per 5 acres) to Single Family High Density (RS 5.0 -- 1 unit per 5,000 sq. ft.). The planning commission recommended a change to Single Family Medium Density (RS 35.0 -- 1 unit per 35,000 sq. ft.) for this property, however, the City Council denied a change to any higher density based on environmental reasons. Criterion No 2 Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Staff Response A branch of the Hylebos Creek flows in a southerly direction approximately through the middle of this site. In addition, there appears to be portions of wetlands on the northern and southern boundaries of the property. One of the goals of the comprehensive plan, NEP22 states that the city may regulate private development and public actions to protect water quality and to ensure adequate in-stream flow to protect fisheries, wildlife habitat, and recreation resources. When the land use designations were adopted, the city gave appropriate consideration to environmentally sensitive areas by designating them as medium density and low density land use. The request to increase the density of this parcel may not be consistent with the comprehensive plan. Furthermore, as mentioned under Criterion No.1, during the 1998 comprehensive plan amendment process, a request to increase the density of 14.21 acres located one parcel away to the north of this site was denied by the City Council based on environmental reasons. Criterion No 3 Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. Staff Response Based on limited analysis, the proposal does not conflict with any existing state or local laws. However, if increasing density results in adverse impacts on critical areas, the amendment would not be in compliance with the Growth Management Act. Page 24 of 26 Criterion No 4 In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Staff Response This criterion does not apply to this request, since it is a site specific request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: The request does not appear to meet Criterion #2 above, however, the remainder of the criteria will still be addressed. Criterion No 5 Whether the proposed amendment can be incorporated into planned or active projects. Staff Response The proposed request can be incorporated into this year's comprehensive plan update. Criterion No 6 Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Staff Response The analysis necessary to reach a recommendation on this request can be done as part of the work required for the comprehensive plan update. Criterion No 7 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year Staff Response Nine requests for site specific comprehensive plan amendments have been received. Criterion No 8 Order of requests received. Staff Response This was the first request received. Staff Recommendation: Staff recommends that this request not be considered further, based on environmental concerns. However, in order to be consistent, if the Page 25 of 26 VI SUMMARY Council determines that the request should go forward for further analysis, staff recommends looking at all properties north to South 356th. If approved, Requests No.'s 3, 5, 6, 7 and 8 would result in approximately 65.42 acres being converted from Business Park to other uses and the addition of 33.93 acres of Community Business designated land. As part of this comprehensive plan update, the City will be running a new capacity analysis which will help in determining how these requests, if approved, would affect residential and employment targets as well as the overall vision of the comprehensive plan. VII COUNCIL ACTION Pursuant to FWCC Section 22-523(D), based on its review of requests according to the criteria in Section IV of this staff report, the City Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add or delete an amendment for consideration. VII 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 1\99CMPAMN\O60799L T.2/June 3, 1999 Composite Map of Site Specific Requests Site Specific Request # I Site Specific Request #2 Site Specific Request #3 Site Specific Request #4 Site Specific Request #5 Site Specific Request #6 Site Specific Request #7 Site Specific Request #8 Site Specific Request #9 April 26, 1999, Correspondence from Village Properties NW Support for Site Specific Request #3 Support for Site Specific Request #8 Page 26 of 26 - "$- ~ ~ ~ , , .. , , , ,> J ........................." ....,......." ..........,. ......".. . , . , ~~Q S. 3!;ßth SI en w ~ '. ". ". ". ". ". ". ". ". ". ". ". ". "',. :! 3: en, ~ <C, 1i! oð - , . , City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Composite Map - Site Requests " ' , " Federal Way PM Boundary ~ ¡,-" ¡' .' "/ Federal Way City Limits ~m (j)~ m ~-:: 1- K, C' -rþ Map Prin,.d"'.. 261t I N . en w > < J: f- (0 ,.... BC BC uj >- ~ J: 0 it Ò ~ Exisiting Designation: Comprehensive Plan: Multifamily Zoning: RM1800 RS7.2 S. 305TH PL. Proposed Designation: Comprehensive Plan: Community Business Zoning: BC BC CJ) -.J c.. r- eo T"" City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES laran Sayre Site Specific Request #1 ~'" G)~ m- I-:~ 01 "w [I Map .,'nted-May 26 1 ~ ¡ N City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Proposed Designation: Comprehensive Plan: Neighborhood Business Zoning: BN RM3600 Exisiting Designation: Comprehensive Plan: Office Park Zoning: PO Village Properties Site Specific Request #2 RM1800 S.W. 320TH ST. S.W. 32 . ~ . 00 ~~ ti):t ma¡ 1-= n .=-=;1 ~In f- PO RM2400 . w > « t- oo ,... C\I Exisiting Designation: Comprehensive Plan: 57 j2 I . Office Park Zoning: PO N RM2 Proposed Park S.W. 322ND ST. Map Printed-May 26 1999 !--- t: CF s- ,,7TH ST- CC ,; ~ . cc C ~ . . CF .-- --- City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES .., >- ~ :r: /!:! i'! ff! J!! ~ Quadrant Site Specific Request #3 Exisiting Designation: : Comprehensive Plan: ; Multifamily Zoning: RM3600 --f::'~~:;:;;;:-~i!'I,&~';::r~--: Proposed Designation: Comprehensive Plan: Business Park Zoning: BP . ; . > ; N ..m_---_U------ - --- - -- OP-1 * OP-1 * ~~ G>:I: ma¡ I~ -- 0 F Map Printed-May 261999 k Proposed Designation: Comprehensive Plan: Neighborhood Business Zoning: BN . 3: . en . c a: J- > S.W.340TH BN City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Velasco Site Specific Request #4 J~ £i):t m- m I- ¡'c-, 0' Ti", r¡ N Map Printed-May 26 1999 i I ~ . 36TH ST, S. 333RD ST. BC oj ..; .. ~ 0 oj ..; .. 5 BC BP Exisiting Designation: Comprehensive Plan: Business Park Zoning: BP BC BP Proposed Designation: Comprehensive Plan: Community Business Zoning: BC cri . BC iii > <0: City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Campus Gateway Associates Site Specific Request #5 ~m G)~ m- OJ I-~ 01 TI N ... Map Printed-May 261999 BP Exisiting Designation: Comprehensive Plan: Business Park Zoning: BP BP .J ... ¡: CO> BC S. 336TH ST. BP en > == J: C,) ¡¡ Ü <t Q. BC BP Proposed Designation: Comprehensive Plan: Community Business Zoning: BC ~ VI u.i > <{ X f- '" .... S.341ST ST, City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Merlino Site Specific Request #6 ~m (j)~ m- m 1= ,--J -- ¡-"~J 01 en .J ... :r ~ N B Map Printed-May 26 1999 , ~ Exisiting Designation: Comprehensive Plan: Business Park Zoning: BP .""~ BP Proposed Designation: Comprehensive Plan: Community Business Zoning: BC BC BP u) w > « J: t- co ... City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Gilroy Site Specific Request #7 ~~ G)~ mffi I :~::;". 'j ... C. ;;,: .... iF: ... N .... Mop Prlnlod-Mny 261999 S. 336TH ST. BP BP BP S. "'TH n City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS cp-I FOR COMPREHENSIVE PLAN DESIGNATION CHANGES RM3600 S "'"D n. S. "'"D n. S. "'OD n. RM1800 RM3600 BC <Ii .: ;= :z: t.> ¡¡: Ü < II. .,; s BC ~ c ~ . i Ê CP-1* BP Proposed Designation: Comprehensive Plan: RM Zoning: RM3600 BP B Quadrant Site Specific Request #8 N ~~ G)~ m t::;:~J ~. 0' "N /_1 Map Printed-May 26 1999 E SE RS15.0 Exisiting Designation: Comprehensive Plan: Single Family Low Density Zoning: SE .. ~ ~ RS9.6 ..;.' SE RS35.0 RS35.0 Proposed Designation: Comprehensive Plan: Single Family Medium Density Zoning: RS~35.0 .9.6 RS35.0 City of Federal Way COMPREHENSIVE PLAN 1999 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Goldmax (Kwon) Site Specific Request #9 ~~ G>:J: mijj , ~-; -. 0 . .,,\..t \-¡ N Map Printed-May 26 1999 . ~.~ EXHIB~" _.~.k. .... .- PAGE I OF , VILLAGE PROPERTIES NW April 26, 1999, City of Federal Way Mr. Stephen Clifton, Director Community Development Services 33530 First Way South Federal Way, WA98003 RE: Comprehensive Plan Amendment Tax Parcel # 122103-9030-03 Dear Mr. Clifton, On behalf of the property owners, Happy Valley Land Co. LLC, we as the applicants are requesting a comprehensive plan land-use map amendment and rezone on the above-mentioned property in order to allow the development of a neighborhood business. We believe this change is consistent with the city of federal Way's comprehensive plans, policy's and goals. The property is currently designated Professional Office Park and has not been developed. With the abundance of office zoning in the City, it is understandable why this property has never developed and is better suited for a retail convenience use. The lack of convenient retail services in the area for residents to the west has caused more traffic congestion east and south of this location, due to the distances these customers must travel for their services. This request includes an amendment to the comprehensive plan land use map from Professional Office Park to Neighborhood Business, and a rezone from Professional Office (PO) to Business Neighborhood (BN). As a part of this Comprehensive Plan Modification, we are proposing to contribute 2 acres of land on the south side of320th and 21st SW to the community for a park. This contribution of land across the street is conditioned upon our ability to develop the subject site for our retail use. This amendment will not result in development that will adversely affect the Public Health. Safety and general Welfare. Under the Comp Plan Land Use Section II 2.1 LUP PG 1, provisions of community and commercial services are to be placed conveniently and residentially scaled for residential neighborhoods. As the closest commercial services are either at 32Oth and Hwy 99 an already congested arterial or at 348th and 21st, neither of which are within walking distances or convenient to the thousands of residents living in Brown Point, Twin Lakes or the surrounding RECEIVED BY (~mAUI,~'rTV lE\JELOPMENT I):::J"'~T MAY 3 1999 I\.U5 NE 2'nh, Suire .'02 Bcllevuc. W:lshinl:wII ()XO{)" (206) 679-4447 FAX (:í251 957.121'.) EXHIE1: Ie PAGE...&- OF . neighborhoods. This small commercial development will actually shorten trips be providing convenient services within close proximity to where they live. LUP 2.2 II PG 4 stresses the importance of parks and open space, which reduce environmental impacts such as noise and air pollution, providing for passive and active recreation as well as preserving the beauty of the City. The granting of almost 2 acres of land for a residential park will provide the community the benefits mentioned under LUP 2.2. Additionally, this proposal will lessen the impact on Federal Way's general fund through this land becoming available without cost for use as a park. Section II Capacity analysis LUP 2.4 PG 10 indicates vacant square footage for Business Park, Corporate Park and Office to be over 288 Acres and only 13.6 Acres available for Neighborhood Business. As growth continues to add more people to the marketplace, congestion will only increase. This development will reduce congestion by diverting and shortening trips before people must drive to the 2 major urban commercial cores at SW 320th & HWY 99 or SW 336th & 21 st Ave SW. Urban Design And Form Section 2.5 Policies LUP 7 is met with this proposal as it provides public intrastructure with private development and minimizes costs. ~ Under Section IT 2.7 PG 12 & 13 Citywide Polices LUPS' 9, 10 and 13 are met since this proposal will allow for reduction of congestion as the community grows in the next 20 years, provides a distinctive neighborhood retail area while providing park and recreational opportunities. Section IT 2.8 LUP 26 PG 15 indicates provision for allocation of adequate land for commercial, office, and business park development. As mentioned in table ll-1 PG 10, the ratio of commercial land available (13.6 acres), versus business, corporate and office (288 acres) leaves a large void in the ability of the balancing of adequate larid uses dispersed conveniently throughout the community. The stated definition of Neighborhood Business in the Comprehensive Plan IT PG 17 is to provide convenient goods and services at a pedestrian and neighborhood scale close to adjacent residential uses. In Section IT, the goal of LUG 7 PG 18 is to provide neighborhood and community scale retail centers for the City's neighborhoods. We believe this proposal will provide the 320th and 21st SW neighborhood with convenient neighborhood services for both pedestrians, bicycles and shorten trip times and congestion for motorists. The growth of the population has caused justification to create this neighborhood scale retail development as . addressed in the Dec 98 revised Neighborhood Business overview section. The Recreation Element section PG 24 provides for preservation and expansion of all recreational opportunities through programs of acquisition, development, and various means of less-than-fee acquisition. Our granting of2 acres to the City for parks meets that goal. Transportation Section III PG 5-The Existing Conditions Section states that nearly 75% of Federal Way travel is focused on the residence, either as the point of origin or destination. The Western Residential Area consists of over half of all residential dwellings in the study area. As this section states, there are too few streets and more need for more east/west corridors. 320th and 348th are the principal east/west arterial streets, since they connect into 1-5 and handle today's 77,000 evening peak hour trips, which are expected to increase to nearly 116,000 trips by EXHnBl' I( H.. -~ PAGE-3. 0 F -L- 2015. This development will lessen the time, while reducing traffic in more congested commercial markets such as HW 99 and SW 320thas well as 336th & 21st Ave SW. Reducing traffic in congested areas cost the city over $14 million per year as stated in the street deficiency section ill-PG 5. Among major summary of needs outlined in the Vision 2020 ill PG 9, Federal Way will have to find other ways to relieve east/west congestion. Traffic volume on 320th has increased at an annual rate of 5.8% and carries approximately 55,000 cars per day III PG 12. Placing these neighborhood services close to residential neighborhoods' is the way to reduce trips and congestion. Economic Development Sections Regional role for Federal Way includes adding more businesses relative to the number of new housing units IV PG 2, and ensuring that neighborhood scale retail development keeps pace with population growth IV PG 2. The goal of Federal Way is not to wait for market forces to create the future, but will act to shape and accelerate the evolving market trends in the direction of its vision. This Comp Plan Modification will accomplish the City's goals several ways. The enhancement of the communities' quality of life by reducing congestion, adding parks with features such as trees and flowers, increasing time for families to be together by shortening neighborhood shopping trips while providing needed services close to the communities they will serve, would make this a winning proposal for the City, the development and ultimately its people. I can be reached on my direct line, which is 206-679-4447 or my office 425-643-9977. We thank you for your consideration of this proposal. S'eW, ')~ ~ t k~ .~.- Ii} Richacl ~ ostanzo fi Applicant ~ EXH Ü ~'¡ L... ---- PAGE-LOF 3. Support for the Amendment In the process of completing a binding site plan Land Use Application for 81 detached units in a multi-family zone, it became apparent that the on and off-site infrastructure improvements required to improve the site were not financially feasible, The location of the site and the configuration of the site require investments in infrastructure mandated by the comprehensive plan well beyond the financial capability of the use. Since changing these requirements in the comprehensive plan is not likely, it is appropriate to change the use to BP, which is capable of affording these improvements and is consistent with surrounding land use. From a comprehensive planning perspective, we believe this change of use meets all the conceptual goals outlined by the City when the site was originally annexed, namely: . Complimentary uses: The Quadrant Business Park is directly to the south and the unannexed parcel to the west is currently zoned for office use. Connectivity: 32nd Avenue and Weyerhaeuser Way can be improved to the north to meet future expansion plans for connectivity, Sense of Entry: A uniform and high quality entry to the City can be accomplished, Improvements to 320th: This street can now be fully widened to the proposed 7 lane configuration. . . . Additionally, . The presence of Capital One materially changes the dynamics of this area. Additional demand will be created by this large user and the existing demand that was displaced by Capital One's large space requirement can now be fulfilled. An additional note: This application does not include the infamous lot 17 (adjacent to the east) owned by John Elley, but under option by Quadrant. It is not currently a part of the City, but an annexation petition will be submitted shortly. It is our intent that this parcel would be designated BP or will upon annexation to the City. In this way, the entire parcel receives a consistent comprehensive plan designation. ...,.--..,." .'::.. :...;:¡; EXH~l M PAGE-LU~.2. 3. Support for the Amendment Amendment 1: Change use from BP to RM We have been approached by Faith Christian Church to acquire the property so they might develop a K-12 school, recreational fields and church facility. This use is allowable in an RM 3600 zone. The Church is a "World Vision" class facility, which we believe will be an outstanding addition to the City and the Weyerhaeuser Corporate Headquarters. We have reviewed the traffic patterns of such a proposal and find their "off-peak" nature to be very complimentary to the existing road patterns. Further, we believe the size of the site allows a campus setting that coupled with superior building design will be an asset to the City. Once accepted for review, we will be prepared to provide site plans and a traffic analysis to demonstrate these points. We have proposed RM 3600 as the underlying zoning first because a Church/school is an allowable use under this zone. Additionally, the Church has made a commitment to purchase the site, however, many issues remain and while the probability is high they will carry through, it is only prudent that we put underlying zoning in place that is appropriate to the area in the event they do not proceed, In the event the Church does not proceed, we would propose a mixed housing community under the RM 3600 zoning. We are planning on three housing types: typical single family lots in the 5000 to 7200 square foot range; attached townhomes with 3-5 units per building and stacked multifamily housing in the 20-25 units to the acre range. We would locate the multifamily housing as a 15 acre parcel closest to the freeway. We have a very preliminary site plan which we can share as we move to the next level of review, In summary, we are proposing school/Church use under an RM 3600 zoning with a back up plan of a mixed housing program if the Church does not proceed. Some additional point to consider: . We have added considerable BP property to the City in the last several years and are proposing an additional 20 acres be added in this years round. These additions more than offset any potential losses. The property to the North is higher density residential and very compatible with both the proposed uses. The BP property to the South is also an appropriate adjacent use with proper site planning and buffering. The traffic patterns are best under a Church scenario, but good under residential. In either case, large trucks associated with a business park use as was originally proposed, would not be impacting the road network. . . . EXH ~ ~/'M PAGE~OF~ Amendment 2: Delete North/South Road We believe the location of this site and its proposed change to residential zoning suggest a different set of circumstances that no longer require the road connection. . The site will have two connections, one to Highway 99 and one to 356th Street allowing for adequate ingress/egress. The entrance to the site will be located across from the North/South road (20th Ave. S,) and provide to connectivity to this future arterial system. The BP land to the south will generate traffic not appropriate to the residential zoning proposal for the property of the residential use North of the property, The viability and usability of the site are compromised by a road which will essentially bisect the parcel. The traffic levels inherent in the residential zoning do not warrant such a connection. . . . . DATE: June 3, 1999 TO: Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, P.E. ~ Surface Water Manager FROM: SUBJECT: SeaTac Mall Area Drainage System Improvement Public Works Trust Fund (PWIF) Construction Loan BACKGROUND Attached please find the September 15, 1998 LU/TC memo entitled SeaTac Mall Drainage system Improvements Public Works Trust Fund (PWTF) Construction Loan. This memo was presented to the committee as part of a request for acceptance of the pWTF construction loan for the SeaTac mall area drainage system improvements, and was approved on September 21, 1998. The PWTF loan conditions are as follows: Loan Amount not to exceed Term Interest rate Local matching $2,750,000.00 20 Years 1% 30% The Loan Agreement, as approved by the State Legislature this spring, is attached to this memo for your final review and approval. Approval of this PWTF construction loan agreements will allow the City to expedite the proposed future SWM capital facility plan construction projects - thereby avoiding or minimizing the costs associated with inflation (which are projected to be between 2 % and 3 % over the long term). This loan will be repaid solely from utility revenues within the Surface Water Management Fund as detailed in Section 4.07 of the Loan Agreement. Note that the September 21, 1998 memo recommendation asked for authorization to prepare a PWTF acceptance resolution for Council's consideration, further research at the State Department of Trade and Economic Development reveals that the resolution is not necessary. This recommendation has therefore been dropped. RECOMMENDATION Authorize the City Manager to execute the PWTF Loan Agreement for the construction of the SeaTac Mall Area Drainage Improvements. Attachments K:\LUTC\1999\PWTF AGRE,MEM :,- CITY OF - --- EC~ -~~ FlY' DATE: September 15, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Jeff Pratt, P.E. Surface Water Manager SUBJECT: SeaTac Mall Area Drainage System Improvement Public Works Trust Fund (PWIF) Construction Loan BACKGROUND Earlier this year, the City of Federal Way's Surface Water Division applied for a PWTF construction loan in the amount of $2,750,000.00 for use in constructing the SeaTac Mall Area Drainage System Improvements. We have received confirmation of inc1usion of the SeaTac Mall Area Drainage System Improvement project in the 1999 Public Works Board Legislative Report with a recommendation for loan funding approval in the full amount requested. A copy of the project approval letter and list of approved projects state wide is attached for your information. Subject to the State legislature's approval next spring, the conditions of the loan will be as follows: Loan Amount not to exceed Term Interest rate Local matching $2,750,000.00 20 Years 1% 30% The next step of this process is State legislative approval of the attached project list - which normally occurs between January and April each year. Once the legislation has been signed into law by the Governor, Loan Agreements will be provided for review and approval by the City. In order to secure the PWTF loan, the City's approval must include a Council resolution accepting the loan and its terms. Acceptance of the PWTF construction loan will allow the City to exrJ:dite the proposed future capital facility plan construction projects - thereby avoiding or minim ;¡jng the costs associated with inflation (which are projected to be between 2 % and 3 % over the long term). RECOMMENDATION Authorize staff to prepare, for Council's consideration, a PWTF loan acceptance resolution for the construction of the SeaTac Mall Area Drainage Improvements. Staff will return to the Committee and Council for authorization to enter the Loan Agreement. mce it has been approved by the State Legislature. Attachments K:\LUTC\1998\PWTF,MEM ...."->...,..-,..-..."".".,,...-. ",........".,... ..-- PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW -99- 791-012 Federal Way PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all tenns and conditions agreed to by the DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of ten pages and two attachments. An attachment to this agreement, AITACHMENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, AITACHMENT II: AITORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT LOCAL GOVERNMENT Steve Wells Name Director, Local Government Division Title Title Date Date APPROVED AS TO FORM BY A ITORNEY GENERAL Signature On File Suzanne Shaw Assistant Attorney General April 2, 1999 Date Page 1 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number 899-791-012 , ,."".""..",,",'- PART ll: INTRODUCTION This loan agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, Of its succeSSOf, a department of the state of Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD, or its successor, (referred to as the "BOARD"), and Federal Way (referred to as the "LOCAL GOVERNMENT").. The DEPARTMENT has received an appropriation from the Washington State Legislature under the authority of Chapter 43.155 RCW to provide financial assistance to selected units of local government for the repair, replacement, reconstruction, rehabilitation, or improvement of bridges, roads, domestic water systems, sanitary sewer, storm sewer systems and solid waste facilities. Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART ill: PURPOSE The DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in AITACHMENT I: SCOPE OF WORK, as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL GOVERNMENT and upon which this agreement is based. The assisted project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $2,750,000.00. The interest rate shall be one percent (1 %) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1,2019. 4.02 Local Project Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than thirty percent (30%) of the total eligible portion of the project cost not funded by federal or state grants as identified in A IT ACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount Of interest rate, as appropriate. Page 2 1999 PWTF Construction Loan Agreement Printed 11/11/98 CfED Contract Number 899-791-012 Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF TillS LOAN AGREEMENT. 4.03 Disbursement of Loan Proceeds The DEPAR1MENT shall issue warrants to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed seventy percent (70%) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form provided by the DEPARTMENT. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent (15%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPAR1MENT to the LOCAL GOVERNMENT. Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT, except in the case of engineering services contracts. If the approved project described in ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPAR1MENT to the LOCAL GOVERNMENT within thirty (30) days of the execution of a Notice to Proceed following the formal award of a contract for engineering services. At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be submitted to the DEPARTMENT by the LOCAL GOVERNMENT certifying total actual project costs. The Close-out Report shall include copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries. The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of seventy percent (70%) of the eligible project costs or the total of $2,750,000.00 whichever is less, nor shall this disbursement occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The Close-out Report shall serve as a contract AMENDMENT for determining the fmalloan amount, interest rate, and local share. In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of seventy percent (70%) of eligible costs, all funds in excess of seventy percent (70%) shall be repaid to the DEPARTMENT within thirty (30) days of submission ofthe Close-out Report. Page 3 1999 PWTF Construction Loan Agreement Printed 11111/98 CTED Contract Number S99-791-012 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on funds disbursed by the DEPARTMENT and held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan. 2. Pay part of the eligible project costs that are in excess of A'IT ACHMENT I: SCOPE OF WORK estimates. (Overrun of project costs.) The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4.05 Time ofPerfonnance The LOCAL GOVERNMENT shall begin the activities identified within A'IT ACHMENT I: SCOPE OF WORK no later than October 1, 1999, and reach project completion no later than thirty-six (36) months after the date of agreement execution. Failure to perfonn within the time frame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan funds disbursed. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The tenn of this agreement shall be for the entire tenn ofthe loan, irrespective of actual project completion, unless tenninated sooner as provided herein. 4.06 Repavment The first loan repayment under this agreement is due July 1, 2000, and subsequent installments are due on July 1 of each year during the tenn of the loan. The first repayment under this agreement shall consist of interest only at the rate of one percent (1%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received from the DEPARTMENT. Interest will begin to accrue from the date the DEPARTMENT issues each warrant to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan tenn remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the amount nonnally due on an annual basis. Page 4 1999 PWTF Construction Loan Agreement Printed 11/11/98 CfED Contract Number S99-791-012 The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the DEPARTMENT and sent to: Department of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S,W. P.O, Box 48300 Olympia, Washington 98504-8300 4.07 Repayment Account The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation revenues, or a combination thereof. The name of the fund, account, or sub-account shall be Sur face Wa te r Management Fund 4,08 Default in Repayment Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. Upon default in the payment of any annual installment, the DEPARTMENT may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the DEPARTMENT to exercise such option for any succeeding installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the DEPARTMENT in any action undertaken to enforce its rights under this section. Page 5 1999 rWTF Construction Loan Agrccmcnt Printcd 11/11/98 CTED Contract Numbcr S99- 791-012 4,09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan, Please initial the appropriate option. I. xxx General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2. Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes. warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The DEPARTMENT grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the following utility systems: Water Sanitary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99- 791-012 - .---- --- 4.10 Recordkeeping and Access to Records The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require. Such records will include infonnation pertinent to work undertaken as part of the project, including demonstration of compliance with the terms and provisions of this agreement and all applicable state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records for a period of three years from the date of project completion. The DEPARTMENT and duly authorized officials of the state shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, finns, or organizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the BOARD may require, shall furnish the DEPARTMENT with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.15. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold hannless the DEPARTMENT, the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents of either in the performance of this agreement, however caused. In the case of negligence of both the DEPARTMENT and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments. Modifications. and Waivers Except for an increase in the amount ofthe loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment of this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved in writing by both the DEPARTMENT and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the DEPARTMENT in writing. 4.14 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL GOVERNMENT, and a representative of the Page 7 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-012 BOARD. The panel shall reduce its decision to writing and furnish a copy to all parties to the agreement. The decision ofthe panel shall be final and conclusiye. This clause does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing in this agreement shall be construed as making final the decisions of any administratiye official, representative, or board on a question of law. 4.15 Tennination for Cause If the LOCAL GOVERNMENT fails to comply with the tenns of this agreement, or fails to use the loan proceeds only for those actiyities identified in ATIACHMENT I: SCOPE OF WORK, the DEPARTMENT may tenninate the agreement in whole or in part at any time. The DEPARTMENT shall promptly notify the LOCAL GOVERNMENT in writing of its detennination to tenninate, the reason for such tennination,and the effective date of the tennination. Upon tennination of the loan agreement, the DEPARTMENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.16 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and perfonnance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The preyailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.17 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Project Completion The DEPARTMENT will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATIACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will proyide the following infonnation to the DEPARTMENT: 1. A description of the actual work perfonned, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is perfonned. 3. Copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and preyailing wages have been paid. Page 8 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-012 --.----.---- 4.19 Project Close-Out In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the final ten percent (10%) ofthe loan amount. This disbursement shall not occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The LOCAL GOVERNMENT shall be responsible to ensure compliance with the Department of Revenue and the Department of Labor & Industries requirements by their contractor(s). 4.20 Audit Audits of the LOCAL GOVERNMENTS project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Project Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4.22 Utilization of Minoritv and Women's Business Enterprises (MWBE) In accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the DEPARTMENT encourages participation by Minority and Women's Business Enterprise finns certified by OMWBE. Voluntary goals for participation are: Construction/Public Works 10% MBE 6% WBE Arch i tect/E n gin eerin g 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WEE Professional Services 10% MBE 4% WEE 4.23 Nondiscrimination Provision During the perfonnance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 V.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or tenninated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the DEPARTMENT. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in accordance with the Section 4.14, Disputes. Page 9 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-012 4.24 Historical and Cultural Artifacts The BORROWER agrees that if historical or cultural artifacts are discovered during construction, the BORROWER shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions ofRCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program. 5.02 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs for projects assisted with Public Works Trust Fund loans. Page 10 1999 PWTF Construction Loan Agreement Printed 11/11/98 CTED Contract Number S99-791-012 Anticipated Fund Sources: A. Federal Grants $ 0 State Grants $ ° B. Locally Generated Revenue General Funds $ 0 Capital Reserves $ OtherFund(Developer Contribution) $ 200,000 Rates $ 1,000,000 Assessments $ (LID, RID, UUD) Special Levies $ Federal Loan(s) from: (identify all) $ $ State Loan(s) from: (identify all) $ $ Other: (identify sources) $ $ TOTAL LOCAL REVENUE $ 1,200,000 C. PUBLIC WORKS TRUST FUND LOAN $ 2,750,000 , '\ , \ ' '. Scope of Work Page Two PW-99- 791-012 Estimated Project Costs: Preliminary Engineer Report Design Engineering Bid Document Preparation Environmental Studies Lahd/R-O- W Acquisition Sales or Use Taxes Other Fees Construction Inspection Start-up Costs Financing Costs Contingency ( 20 %) Construction TOTAL ESTIMATED COSTS , Total Expansion Repair or or Growth Replacement $ $ $ $ 300,000 $ $ $ $ 30,000 $ $ 50,000 $ $ $ $ $ $ 400,000 $ $ $ $ $ $ 530,000 $ $ 2,640,000 $ $ 3,950,000 $ $ $ $ $ $ $ $ $ $ $ 530,000 $ 2,640,000 $ 3,950,000 300,000 30,000 50,000 400,000 T:\PWB\Contracting\Construction\Const Scope,DOT \ , I PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW-99- 791-012 City of Federal Way (Jurisdiction) SeaTac Mall Area Drainage System Improvement (Project Title) I. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): This project consists of construction of approximately 2,900 linear feet of storm drainage pipeline from l2-inch to 84-inch diameter, including installation under South 320th Street and South 324th Street by jacking or tunneling methods; manholes and catch basins; removal of existing pipes and drainage structures; construction of water quality facility and det- ention facility control structure; pavement, curb, gutter, and sidewalk removal and replacement; landscaping, and other work incidental to the storm drain and water quality facility construction. The project site is generally bounded as follows: on the north South 3l6th Street; on the south 324th Street; on the west 20th Avenue South; and on the east 23rd Avenue South. 2. The tenn of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the local government, prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated: Twenty (20) years. 3. I, Jeff Pratt , licensed engineer, certify that the average expecte useful life for the improvements described above is Fifty (50 years. Signed: Water Manager Date: Telephone: (253) 661-4135 T:\PWB\Contracting\Construction\Const Scope. DOT J Scope of Work Page 3 PW-99-791-012 Calculating Local Percentage: Notes: 1. Expansion/Growth costs are not eligible for PWTF funding. Please exclude any expansion or growth related costs and funding before calculating the local percentage. 2. Grant funds can not be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue Local Percentage 30% The local contribution must be at least: Ten percent (10%) Twenty percent (20%) Thirty percent (30%) for a loan interest rate of 3% for a loan interest rate of 2% for a loan interest rate of 1 % T:\PWB\Contracting\Construction\Const Scope. DOT Public Works Trust Fund ATTACHMENT II: ATTORNEY'S CERTIFICATION I, J echo', (( CA À--'~N'Ct<'IM , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (: -h. ò.Ç-. W-u-G. \ We.. u ~ / (the LOCAL GOVERNMENT); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The LOCAL GOVERNMENT is a public body, properly constituted and operating under the . laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the tenns contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. ~ tí. ~-#A"¿~ Signature of Attorney - lJ5siJP¡..,r {¡,~ ~ ~/~/9~ Date Ycx+rí {,.; '^ A. e í ~r'17ÚCYI Name 33530 / g: W~¡ ~~, Fe.der4/ MlV 4/A Address CITY OF - . - - - 13:1~ ~ ~ FlY'" DATE: June 1, 1999 TO: Phil Watkins, Chair Land U selTransportation Committee FROM: Carr Roe, Public Works Director (þ1t< SUBJECT: Access Management on S 312th Street West of Pacific Highway S BACKGROUND On October 6, 1998, the City Council authorized the installation of C-curbs, a raised island, and signing on S 312th Street between 14* Avenue S and Pacific Highway S to restrict left-turn access to QFC and Albertson's driveways. The rationale for left-turn access restriction was to reduce the potential for collisions resulting from making these movements involving unsafe conflicts between through and turning traffic. The Council also requested a follow-up study after 100 days of implementation of the improvements to assess their effectiveness and the need for further improvements. The study indicates that in 1996, 17 driveway-related collisions occurred on S 312th Street between 14th Avenue S and Pacific Highway S. In the first 100 days of implementation of left-turn restriction, only two driveway-related collisions occurred in the same area. One of the collisions involved a vehicles making a left-turn out of QFC driveway at 4:40 p.m. (while prohibited) and another traveling eastbound through. The second collision involved a vehicle making a right-turn out of QFC driveway and another traveling eastbound through. The two collisions which occurred in a 100 day period can be pro-rated to seven collisions a year. Therefore, driveway-related collisions were reduced by 59 % . RECOMMENDATION Based on the above data, the improvements that were installed in the subject area appear to be effective in reducing driveway-related collisions and, as a result, staff recommends no further action at this time. CMR:h~ K: \LUTC\1999\S312IMP. WPD crrv OF - -~- ED~ ~~ FlY DATE: June 1, 1999 SUBJECT: Phil Watkins, Chair Land Use and Transportation Committee Richard Perez, Traffic Engineer ~ 21st Avenue SW at SW 33..f" Street Traffic Signal and Sidewalk Improvements - AUthorization to Award Bid TO: FROM: BACKGROUND On February 16,1999, the City Council authorized the bidding of 21st Avenue SWat SW 334th Street Traffic Signal and Sidewalk Improvements project. The authorized total project budget was $226,000. The following bids were received: Prime Electric, Inc., Bellevue TransTech Electric, Inc., Kent Signal Electric, Inc., Kent Totem Electric, Inc., Tacoma Potelco, Inc., Sumner $114,796.00 $117,875.55 $123,167.30 $128,029.50 $148,586.50 It should be noted that the above bids do not include the costs of some signal equipment, including poles, controller, controller cabinet, and opticom. This equipment will be purchased separately to reduce administrative overhead associated with the CDBG grant. The cost for the separately purchased equipment is estimated at $25,000. Thus, the project as bid is within the Council approved budget of $226,000. RECOMMENDATION Staff recommends placing the following items on the June 15, 1999 Council Consent Agenda: 1. Approve awarding the 21st Avenue SWat SW 334th Street Traffic Signal and Sidewalk Improvements project to Prime Electric, Inc. in the amount of $114,796.00, and approve a 10% construction contingency in the amount of $11,479.60. 2. Authorize the City Manager to execute the contract with Prime Electric, Inc. 3. Authorize staff to separately purchase the above identified signal equipment in the amount of $25,000. RAP: be K:\UJTC\1999\21 W334B, WPD