LUTC PKT 02-03-2014City of Federal Way
City Council
Land Use /Transportation Committee
February 3, 2014 City Hall
5:30 p.m. Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic
Title/ Description
A.
Approval of Minutes: January 6, 2014
B.
Motorist Information Signs Code
Page
Interpretation
C.
Ordinance Regarding Appeal Process for
Upton
Administrative Decisions
D.
Authorization to Amend the 2013 -2014
5 min
SWM Infrastructure Maintenance and
5
Service Contract (AG 13 -150), Increasing
February 18, 2014
the Total Compensation by $150,563.00
E.
Manufactured Home Park Zone District
F.
2014 Planning Commission Work Program
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, March 3, 2014 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
Committee Members City Staff
Bob Celski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant II
Diana Noble- Gulliford, Member 253 - 835 -2703
Action
Council Date
Presenter
Page
or Info
Time
Upton
3
Action
N/A
5 min
Perez
5
Action
February 18, 2014
5 min
Consent
Doherty
n/a
Action
February 18, 2014
5 min
Ordinance
First Reading
Appleton
9
Action
February 18, 2014
5 min
Consent
Clark
13
Action
February 18, 2014
10 min
Business
Clark
19
Action
February 18, 2014
10 min
Business
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, March 3, 2014 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
Committee Members City Staff
Bob Celski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant II
Diana Noble- Gulliford, Member 253 - 835 -2703
This page left blank intentionally.
City of Federal Way
City Council
Land Use /Transportation Committee
January 6, 2014 City Hall
5:30 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Bob Celski and Committee member and Jeanne Burbidge.
Staff in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director
Marwan Salloum, Deputy Public Works Director Ken Miller, Street Systems Project Engineer Christine Mullen, Assistant City
Attorney Peter Beckwith, and Administrative Assistant II Shawna Upton.
1. CALL TO ORDER
Committee Chair Celski called the meeting to order at 5:30 PM.
2. PUBLIC COMMENT (3 minutes)
There were no public comments.
3. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: November 4, 2013
Committee approved the November 4, 2013, LUTC minutes as presented.
Moved: Burbidge Seconded: Celski Passed: Unanimously, 2 -0
B. King County Cooperative Watershed Management Grant Funding
Mr. Miller explained that the Hylebos is part of the White River Watershed which lies in the
watershed resource inventory area 10 (WRIA 10). He noted that staff submitted for a
grant to conduct studies to determine what kind of fish are in the Hylebos currently, the
quality of the existing habitat, determine what restoration efforts would be beneficial and
to hopefully bring fish runs back to the Hylebos.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Celski Passed: Unanimously, 2 -0
C. Resolution Amending Resolution 09 -560, Eliminating Term Limits for the Lake
Management District
Mr. Miller stated that the North Lake Management Advisory Committee is limited to two,
2 -year terms and the proposal is to eliminate the term limits. This would make the North
Lake LMD consistent with the Steel Lake LMD. Steel Lake LMD does not have term limits.
In the past, filling the advisory committee positions has often been a struggle and the
current members work well together and have interest in serving. The existing application
Forward to
Council
N/A
January 21, 2014
Consent
January 21, 2014
Resolution
Committee Members City Staff
Bob Celski, Chair Ca3y M. Roe, P. E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant H
253- 835 -2703
process will still be followed every two years.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Celski Passed: Unanimously, 2 -0
D. Federal Way High and Sacajawea Pedestrian Connection — 85% Status Report and January 21, 2014
Authorization to Bid Consent
Ms. Mullen noted that this project will install sidewalks where they do not currently exist
on 14th Ave S between S 312th St and S 308th St as well as on the south side of S 308th St
from 14th Ave S to Pacific Highway. The project will also construct a mini - roundabout at
the intersection of 14th Ave S and S 308th St as well as a flashing beacon on the east leg.
Ms. Mullen provided a brief synopsis on the project to date. Construction will be scheduled
to begin after school is released for the Summer.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Celski Passed: Unanimously, 2 -0
E. Lakota Middle School Sidewalks — 30% Design Status Report January 21, 2014
Consent
Ms. Mullen explained this project will install sidewalk on the south side of SW 314th St
between Lakota Middle School and 13th Ave SW and primarily along the west side of 13th
Ave SW between SW 314th St and SW 316th St as well as a flashing beacon on 13th Ave
SW. Construction will be scheduled to begin after school is released for the Summer. Ms.
Mullen provided additional information on the current construction status and ongoing
tasks for the project.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Celski Passed: Unanimously, 2 -0
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, February 6, 2014 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 5:50 PM.
COMMITTEE APPROVAL:
Bob Celski, Chair
Committee Members
Bob Celski, Chair
Jeanne Burbidge, Member
Attest:
Jeanne Burbidge, Member
Shawna Upton, Administrative Assistant II
City Staff
Cate M Roe, P. E., Director of Parks, Public Works and Emergency Management
Shawn Upton, Administrative Assistant II
253- 835 -2703
COUNCIL MEETING DATE: February 18, 2014 ITEM #:
_... _ ......... __ ............................ .................................................... _ ................... _ .............. ................... _ ... _.._...._.._. ....... _ ...................... _ .... _._ ....... _ ....................................................... .......................................... ............ ............................... .............................. .._ ................. .._ ............... ... _ ... _.._.._ .........
.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: MOTORIST INFORMATION SIGNS CODE INTERPRETATION
POLICY QUESTION: Should City Council interpret the Sign Code to consider the use of Motorist
Information Signs as "street and traffic signs" and therefore exempt from Sign Code restrictions on the
use of off -site signs that advertise businesses?
COMMITTEE: Land Use / Transportation MEETING DATE: February 3, 2014
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E.., City Traffic Engineer DEPT: Public Works
_ .............................. ......... _ ......................................................
.
Attachments: Memo to Land Use / Transportation Committee dated February 3, 2014
Options Considered:
1. Interpret the Sign Code to consider the use of Motorist Information Signs as "street and traffic signs" and
therefore exempt from Sign Code restrictions on the use of off -site signs for advertisement.
2. Interpret the Sign Code to consider the use of Motorist Information Signs as prohibited off -site signs.
..........................._._........... 1P......................................_.........._.........._._......._.................._.........................._...................._..............-----......................__._._........._............_._...................... ............._..__............. ............. _..._..._...__....._.... ... ....
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 18, 2014 City
Council Business Agenda for apl._,,,,
MAYOR APPROVAL: DIRECTOR APPROVAL:
ttee Council Initial
CHIEF OF STAFF: D.L�4
nav
tlhv .1 - y
ee Counci
COMMITTEE RECOMMENDATION: I move to forward Option I to the February 18, 2014 City Council Business
agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option I to interpret the Sign Code to consider the use of
Motorist Information Signs as `street and traffic signs' and therefore exempt from Sign Code restrictions on the
use of off-site signs. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
5
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 03, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Rick Perez, P. E., City Traffic Engineer
SUBJECT: Motorist Information Signs
BACKGROUND:
Motorist information signs (MIS) are signs with blue backgrounds providing guidance to business
establishments that provide services such as fuel, food, lodging, camping, and tourist attractions.
Standards for such signs are contained in the Federal Manual on Uniform Traffic Control Devices
(MUTCD) in Chapter 2J, and adopted in Washington State in RCW 47.36.310 through .390. These
standards were developed to limit the use of large billboards along Interstate Highways while providing
guidance to motorists in locating basic services.
FWRC 19.140.130 prohibits all off -site signs except those expressly allowed in the Sign Code. FWRC
19.140.080 excludes "street and traffic signs" from the Sign Code. Historically, staff had interpreted this
to mean that Motorist Information Signs were prohibited as off -site signs because of the use of logo
panels that advertise specific businesses, and therefore not subject to the exclusion granted to "street and
traffic signs ".
State law provides limits to the number and location of MIS signs, including a restriction that businesses
had to either be located on or visible from the arterial intersecting the freeway or local zoning codes had
to allow the use of subsequent MIS signs to guide motorists from the arterial intersecting the freeway to
the business. As such, given the staff interpretation of City Code, businesses using MIS signs had to be
located on S 320`h Street or S 348`h Street to be eligible for MIS signs on I -5. However, WSDOT recently
discovered they had been allowing two businesses to have MIS signs on I -5, but were not located on or
6
Motorist Information Signs
1/31/2014
Page 2
visible from S 320th Street. They are the Clarion Hotel on 20t1i Avenue S and the Comfort Inn on Pacific
Highway. In order to conform to state law, these two businesses would each need one additional sign
directing tourists from S 320th Street to the hotels. WSDOT staff has agreed to defer action to allow the
City to determine whether we would be willing to permit such signs. Without such action, WSDOT
would remove the existing signs on I -5 and off -ramps to these two hotels.
It should be noted that other businesses have historically expressed interest in having such signs but were
told that, due to the City's sign code, WSDOT would not permit them. As such, a revised interpretation
of the Sign Code allowing such signs may increase the total number of signs to be installed, up to the
limits established in RCW, as outlined in the following tables. RCW allows the City to charge fees for
the installation and maintenance of MIS signs on City streets (averaging about $600 each, based on the
experience of the City of SeaTac). Since there are limits to number and type of each sign, businesses are
granted these signs on a "first come, first serve" basis. Thus the impacts to the City are the visual impacts
of the additional signing and the economic development potential of a few more businesses being allowed
to advertise their locations from I -5 and on City streets.
The MUTCD limits the number of signs at an interchange to four, and RCW limits the number of
businesses on any given sign to six. In addition, no more than two signs may be used for the same type of
business. Thus the maximum number of businesses that could be advertised from any given interchange
is 24, and each business must be located within three miles of I -5. As such, although the potential
number of businesses eligible could be significant, the impact would be limited to only those businesses
choosing to use such signs that are not located on S 320th Street or S 348th Street.
Table 1— Signs from S 348`h Street
Type of Service
Business:
Location` " ' ' .,
Needs Additional Si
Gas
Ernie's
SR 99 & S 332 nd St
Provided by WSDOT within Limited Access
Shell
SR 18 & SR 161
No; on S 348 St
Chevron
SR 18 & SR 99
No; on S 348 St
Food
Del Taco
16 1h Ave S, 34600 block
Provided by WSDOT within Limited Access
Olive Garden
SR 161, 34900 block
Provided by WSDOT within Limited Access
Popeye's
SR 161, 34900 block
Provided by WSDOT within Limited Access
Denny's
SR 18 & SR 161
No, on S 348` St
Jack in the Box
16 Ave S, 34700 block
Provided by WSDOT within Limited Access
Shari's
SR 18 & SR 161
No, on S 348` St
McDonald's
SR 99 & SR 18
No, on S 348th St
Burger King
SR 99 & SR 18
No, on S 348,n St
IHOP
I" Ave S & S 348h St
No, on S 348 St
Lodging
Super 8
S 347 Pl, 1800 block
No, visible from S 348th St
Days Inn
SR 99, 34800 block
No, driveway from S 348 St
Quality Inn
SR 18,1400 block
No, driveway from S 348 St
Tourist
Activities
Wild Waves /
Enchanted Park
SR 161, 36100 block
Provided by WSDOT within Limited Access
There are eleven businesses that could potentially add signing at S 3481h Street, but no more than three of
them could be for restaurants, up to nine of them each could be for gas stations or lodging, and up to five
of them could be tourist activities.
K: \LUTC\2014 \02 -03 -14 Motorist Information Signs Code Interpretation.'joc
Motorist Information Signs
1/24/2014
Page 3
Table 2 — Signs from S 320th Street
Thus there are 13 businesses that could potentially add signs on S 3201' Street, up to eight of them each
being gas stations and lodging, up to seven being restaurants, and up to twelve of them could be tourist
activities.
cc: Project File
Day File
K: \LUTC\2014 \02 -03 -14 Motorist Information Signs Code Interpretation,$oc
Business
A
Needs Additional
Gas
76
S 320 St, 2600 block
No, on S 320 St
Arco
S 320 St, 2200 block
No; on S 320 St
Shell
S 32e St & Military Rd
No; on S 32e St
Safeway
S 32e St & 11 Pl S
No; on S 32& St
Food
Taco Time
S 320 St & 207 Ave S
No; on S 32CP St
Red Robin
S 320 St & 23` Ave S
No; on S 32e St
Stuart Anderson's
S 320th St & 25th Ave S
No; on S 320 St
A lebee's
S 320 St & 20 Ave S
No; on S 32e St
Red Lobster
S 320th St, 2000 block
No, on S 32e St
Lodging
Clarion Hotel
27 Ave S & S 316 St
Yes, one at S 320th 7779—@-52-07 Ave S
Comfort Inn
SR 99, 31600 block
Yes, one at S 3220& WB @ SR 99
Marriott Courtyard
Gateway Center
No, visible from S 320 St
Best Western Inn
25 Ave S, 32100 block
No, visible from S 320` St
Thus there are 13 businesses that could potentially add signs on S 3201' Street, up to eight of them each
being gas stations and lodging, up to seven being restaurants, and up to twelve of them could be tourist
activities.
cc: Project File
Day File
K: \LUTC\2014 \02 -03 -14 Motorist Information Signs Code Interpretation,$oc
COUNCIL MEETING DATE: February 18, 2014 ITEM #:
. . ..... . . ....... . ------ . ......
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
StwEcT.- ORDINANCE: AMENDING THE FINAL AwimsTRATIvE DECISION / APPEALS PROCESS
POLICY QUESTION: Should the City Council adopt an ordinance amending certain sections of the City Code to
allow the City's Hearing Examiner to make the final administrative decision for matters regarding development
regulations, environmental regulations, right of way activities, individual adjustments of surface water fees, and
preliminary plats?
COMMITTEE: LUTC MEETING DATE: Feb. 3, 2014
CATEGORY:
❑ consent Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Patrick Doherty, Director DEPT: CD
Attachments: 1) Proposed Ordinance
2) Staff Report
Options Considered:
1) Adopt the proposed Ordinance
2) Do not adopt the proposed Ordinance and provide direction to Staff.
MAYOR'S
MAYOR APPROVAL:
r DIRECTOR APPROVAL:
CHEF OF STAFF: wj 'O.Uk4,
conawar— Council A
COMMITTEE RtcommicNDATiom I move to forward the proposed ordinance to First Reading on Feb. 18, 2014.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1" READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the March 4, 2014
Council Meeting for adoption. "
2'0 READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance."
(XzLow TO aff COMPLETED 3 Y CnT CLEM OFFICE)
COUNCIL ACTION:
❑ Appnov=
COUNCIL BILL 0
❑ DENIED
iffranift
❑ TAnummmaRsD/No ACTION
zKWtMWt radift
❑ movzD To sacoND READING (wdl wwa owy)
ORDINANCE 0
REVISED- 08/122010
RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: January 31, 2014
TO: City Councilmembers
FROM: Patrick Doherty, Director, Community and Economic Development
SUBJECT: Final Administrative Decision /Appeal Process Code Amendment
In several places in the Federal Way Revised Code Council is identified as the final
body to make administrative decisions or hear administrative appeals, after which an issue
may be further appealed to Superior Court. In this role, Council acts in a quasi-judicial
manner and can only consider information in the record when rendering a decision. If a
Councilmember makes a decision based on outside information or appears to be biased, the
decision of Council can be subject to challenge and overturned. To prevent this,
Councilmembers limit their contact with the public on pending issues that may come before
Council on appeal. However, limiting contact with the public may be counterintuitive to
Council's general role as a legislative body where citizens are encouraged to engage Council
and Council actively seeks citizen input.
An alternative is to delegate to the City's Hearing Examiner the responsibility of
making final administrative decisions and hearing final appeals. Currently, Council limits
the Hearing Examiner to making recommendations or making decisions that can be appealed
to Council. However, more and more cities are delegating final decisions and final appeals
to hearing examiners who are experts in these areas of the law. The Municipal Research
Services Center indicates that more than ninety cities delegate certain final decisions and
final appeals to hearing examiners. Attached is a list of cities that use the hearing examiner
to make final decisions — the cities of Des Moines, Edmonds, Fife, Kirkland and Maple
Valley are now included in the list since 2010.
The proposed ordinance authorizes the Hearing Examiner to make the final
administrative decision and/or hear the final appeal in the following matters:
1) Development Regulations - FWRC 19.70
2) Right of Way Activities - FWRC 4.30.110
3) Surface Water Fee, Individual Rate Adjustment - FWRC 11.45.100
4) Environmental Regulations - FWRC 14.10.060
5) Preliminary Plat Approval - FWRC 18.35
(By law Council is required to approve /accept final plats but this is a
ministerial, nondiscretionary process of determining whether the conditions
of the preliminary plat have been met.)
If passed, Councilmembers would be removed from having a potential quasi-judicial role in
these matters.
FINAL DECISION / APPEAL BY HEARING EXAMINER
Jurisdictions in Puget Sound Area
Auburn
Bainbridge Island
Bellevue
Bothell
Bremerton
Burien
Everett
Kent
Lake Forest Park
Medina
Mercer Island
Olympia
Puyallup
Sammamish
Seattle
Shoreline
Tacoma
University Place
Additional jurisdictions since 2010
Des Moines
Edmonds
Fife
Kirkland
Maple Valley
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
final administrative decisions of the City; amending sections 19.70.010,
19.70.050,19.70.060, 4.30. 110,11.45. 100 ,14.10.060,18.35.010,18.35.080,
18.35.090, 18.35.170, 18.35.190, 18.35.200, 18.35.220 and repealing
sections 18.35.180 19.70.170, 19.70.180, 19.70.200, 19.70.210, 19.70.220,
19.70.230, 19.70.250,.
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process; and
WHEREAS, several places within the FWRC the Council is designated as the final
appellate body for handling administrative appeals;
WHEREAS, in its role as the final appellate body, Council is limited in engaging the
public on matters that may be administratively appealed;
WHEREAS, State law authorizes the City's hearing examiner to be the final appellate
body and make final administrative decisions;
WHEREAS, a survey of Washington cities demonstrate that a large number of cities use
the hearing examiner as the city's final appellate body and final decision maker;
WHEREAS, the City's State Environmental Policy Act ( "SEPA ") Responsible Official
has determined that the proposed amendments are procedural in nature and therefore
categorically exempt from SEPA review;
WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council
considered these code amendments on February 3, 2014, and recommended adoption.
Ordinance No. 14- Page 1 of P
Rev 1 /10
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 19.70.010 is hereby amended as follows:
19.70.010 Administration
Various places in the Code indicate that certain developments, activities or uses are permitted
only if approved using process IV. Certain appeals of agency decisions are also governed by
process IV. This chapter describes process IV.
All development applications subject to this process and also subject to the requirements of
Chapter 19.115 FWRC, Community Design Guidelines, shall first comply with process III as to
those requirements, and then proceed with process IV as to any other required review. Any
appeal of the director's decision as to community design guidelines pursuant to this section shall
be decided at the same time as and in conjunction with the process IV review. If the
development, use or activity that requires approval through process II or III is part of a proposal
that also requires approval through process IV, the entire proposal will be decided upon using
process IV, if the director determines that will result in more efficient decision making.
Under process IV the hearing examiner will make the ieitfal final decision following a public
hearing.
.
Section 2. FWRC 19.70.050 is hereby amended as follows:
19.70.050 Official file.
(1) Contents. The director shall compile an official file on the application containing the following:
(a) All application materials submitted by the applicant.
(b) The staff reports.
(c) All written comments received on the matter.
(d) The electronic recording of any public hearing on the matter.
(e) The decision of the hearing examiner.
(fl if the deGiSiGA of the he i ieF is appealed, the f8II8WiR9 will be ineluded
on +� hp
Ordinance No. 14- Page 2 of 17
Rev 1/10
W1-1 Any other information relevant to the matter, including any agency decision and
notice of appeal.
(2) Availability. The official file is a public record. It is available for inspection and copying in the
department during regular business hours.
Section 3. FWRC 19.70.060 is hereby amended to read as follows:
19.70.060 Notice.
(1) Contents. The director shall prepare the following notices as applicable:
(a) Notice of application. A notice of application shall contain:
(i) The name of the applicant and, if applicable, the project name and file
number.
(ii) The date of application, the notice of completion, and the notice of
application.
(iii) The street address of the subject property or, if this is not available, a
description of the location of the property in nonlegal language. Except for
notices published in the newspaper of general circulation in the city, the notice
must also include a vicinity map that identifies the subject property.
(iv) A brief description of the requested decision, including a citation to the
provision of this title governing the request, a list of the project permits
included in the application and, if applicable, a list of any studies requested.
To the extent known by the city, the notice shall include any other permits
which are not included in the application.
(v) A statement of the availability of the official file.
(vi) A statement of the right of any person to submit written comments to city
staff or the hearing examiner and to appear at the public hearing of the
hearing examiner to give comments orally.
(vii) The identification of existing environmental documents that evaluate the
proposed project and the location where the application and any studies can
be reviewed.
(viii) A statement of the preliminary determination, if one has been made at the
time of notice, of those development regulations that will be used for project
mitigation and of consistency as provided in RCW 36.706.040.
Ordinance No. 14- Page 3 of 17
Rev 1/10
(b) Notice of public hearing. In addition to the information specified in the notice of
application, the notice of public hearing shall include the following:
(i) The date, time, and place of the public hearing.
(ii) A statement of the right of any person to submit written comments to the
hearing examiner and to appear at the public hearing of the hearing examiner
to give comments orally and the right to request a copy of the decision once
made. For agency decision appeals this right is limited to those entitled to
appeal.
(iii) A statement that only the appliGant, peFseRs who submit WitteR OF GFcql
of the Witten deGision Fnay appeal the heaFiR9 examine As ddensisimen.
(c) Notice of agency decision appeal. A notice of an agency decision appeal shall
contain:
(i) The file number and a brief description of the matter being appealed.
(ii) A statement of the scope of the appeal, including a summary of the errors
alleged and specific factual findings and conclusions disputed in the letter of
appeal.
(iii) The date, time, and place of the public hearing on the appeal.
(iv) A statement of who may participate in the appeal.
(v) A statement of how to participate in the appeal.
(2) Distribution. The director of community development services shall distribute these notices as
follows:
(a) Notice of application. Within 14 calendar days of issuing the letter of
completeness, the director shall distribute the notice of application as follows:
(i) A copy of the notice of application will be published in a newspaper of
general circulation in the city;
(ii) At least three copies of the notice of application will be conspicuously
posted on or near the subject property. Of these, at least one will be posted on
or adjacent to every public right -of -way providing primary vehicular access to
any property that abuts the subject property;
(iii) A copy of the notice will be posted on each of the official notification
boards of the city and public libraries within the city;
(iv) A copy will be mailed to the persons receiving the property tax statements
for all property within 300 feet of each boundary of the subject property.
Ordinance No. 14- Page 4 of 17
Rev 1/10
(b) Notice of public hearing. The director shall distribute the notice of public hearing
at least 14 calendar days before the hearing in the same manner as the notice of
application except no posting needs to be done on or near the subject property.
(c) Agency decision appeals. Distribution of notices involving an agency decision
appeal shall occur at least 10 calendar days before the hearing on the appeal, and
shall be mailed to each person entitled to appeal the decision. No further
distribution is required for agency decision appeals.
(3) Public notification sign. Except for in agency decision appeals, the applicant shall erect at
least one public notification sign which complies with standards developed by the department
within 14 calendar days of the issuance of the letter of completeness. This sign shall be located
on or near the subject property facing the right -of -way or vehicle access easement or tract
providing direct vehicle access to the subject property. The director may require the placement
of additional public notice signs on or near the subject property if he or she determines that this
is appropriate to provide notice to the public. The sign shall be removed within seven calendar
days after the final decision of the city on the matter.
Section 4. FWRC 19.70.170 is hereby repealed:
(2) How and when to appeal. A WFttGR RetiGe of appeal must be delivered te the depadment.
ed by Gash OF a rheGk, payable to the rity of FedeFal Way, iR the ameuRt of the fee as
(a) A statement identifying the deeision being appealed, along with a Gepy of the
desisien;
NO 1W
(G) The appellant's name, addFess, telephone numbeF and fax numbeF, and any
Ordinance No. 14- Page 5 of 17
Rev 1 /10
The deGisien the heaFin-
Nh9Gh ms not
the final deG*s'en of the
(4) Who may appeal. of
I
(2) How and when to appeal. A WFttGR RetiGe of appeal must be delivered te the depadment.
ed by Gash OF a rheGk, payable to the rity of FedeFal Way, iR the ameuRt of the fee as
(a) A statement identifying the deeision being appealed, along with a Gepy of the
desisien;
NO 1W
(G) The appellant's name, addFess, telephone numbeF and fax numbeF, and any
Ordinance No. 14- Page 5 of 17
Rev 1 /10
Section 5. FWRC 19.70.180 is hereby repealed:
Section 6. FWRC 19.70.200 is hereby repealed:
Ordinance No. 14- Page 6 of 17
Rev 1 /10
(d) A statemeRt of whe may
(e) A statement of how to par-tiGipate
paFteGopate OF; the appeal,
on the appea4-.
Section 6. FWRC 19.70.200 is hereby repealed:
Ordinance No. 14- Page 6 of 17
Rev 1 /10
Section 7. FWRC 19.70.2 10 is hereby repealed:
(b) By app sen, eF thFaugh a Fepmsentatiye, at the hewing and making
hewing
Section 8. FWRC 19.70.220 is hereby repealed:
(1) The staff rennet en appeal;
�- rrr�.scairrcpv, rv, , upp �...... �
Ordinance No. 14- Page 7 of 17
Rev 1 /10
,
the - appellate
Section 7. FWRC 19.70.2 10 is hereby repealed:
(b) By app sen, eF thFaugh a Fepmsentatiye, at the hewing and making
hewing
Section 8. FWRC 19.70.220 is hereby repealed:
(1) The staff rennet en appeal;
�- rrr�.scairrcpv, rv, , upp �...... �
Ordinance No. 14- Page 7 of 17
Rev 1 /10
h�i�mcm-rtirti�
(3) Evideme within the srope of the appeal that was not pFesented tG OF GORSideFed
hearing evamir.er but only ifi
Section 9. FWRC 19.70.230 is hereby repealed:
Section 10. FVWRC 19.70.250 is hereby repealed:
.. Mrjr.Mm _
rm'! it _ er-TIM _
Willi 46040,00-101
rm'! it _ er-TIM _
Willi 46040,00-101
Ordinance No. 14- Page 8 of 17
Rev 1 /10
fevalUatieR-.
Ordinance No. 14- Page 8 of 17
Rev 1 /10
Section 11. FWRC 4.30.110 is hereby amended to read as follows:
4.30.110 Appeals.
(1) Appeal period. An applicant for a permit under this chapter must appeal any decision denying
or revoking the permit within 14 days of issuance of the notice of the denial or revocation, by
filing a notice of appeal with the city clerk. Upon receipt by the city clerk of the notice of appeal, a
hearing shall be held before a hearing examiner designated by the city. Notice of the hearing
shall be given to the appellant at least 10 days prior to the hearing. At the hearing the appellant
shall be entitled to be heard and introduce evidence on his or her own behalf.
(2) Decision of the hearing examiner. The decision of the hearing examiner shall be rendered
within five days of the close of the hearing. The decision shall be in writing and shall set forth the
findings and reasons for the decision, and the applicant shall be notified in writing. The decision
of the hearing examiner is final unless appealed, within 14 days of issuanGe, to the Gity GOUR
by filing a new netirae of appeal with the Gity G!eFk.
Section 12. FWRC 11.45.100 is hereby amended to read as follows:
11.45.100 Request for rate adjustments — Appeal.
Decisions of the public works director on requests for rate adjustments shall be final unless,
within 30 days of the date the decision was mailed, the applicant submits in writing to the public
works director a notice of appeal setting forth a brief statement of the grounds for appeal and
requesting a hearing before the si#yseURsil hearing examiner.
Section 13. FWRC 14.10.060 is hereby amended to read as follows:
14.10.060 Administrative appeals.
(1) Any interested party may appeal to the hearing examiner a threshold determination, a
determination of the adequacy of a final environmental impact statement, and the conditioning or
denial of an action. No more than one appeal may occur regarding threshold determinations or
final environmental impact statements and the appeal shall consolidate any appeals of
procedural and substantive determinations under SEPA with any hearing or appeal on the
Ordinance No. 14- Page 9 of 17
Rev 1 /10
underlying action in a single simultaneous hearing before one hearing officer, except for appeals
of a determination of significance; appeals of a procedural determination made by an agency
when the agency is the project proponent, or is funding the project; and appeals of a procedural
determination made by an agency on a nonproject action; and appeals to the Gity GOURes". The
appeal shall be conducted under the provisions of process IV; provided, that the notice
distribution requirements of process IV shall be replaced with the notice distribution
requirements of FWRC 14.10.040.
(2) Appeals are subject to the provisions of WAC 197 -11- 680(3), and the restrictions in RCW
36.706.050 and 36.706.060 that local governments provide no more than one open record
hearing and one closed record appeal for permit decisions.
(3) All appeals filed under this section must be filed in writing with the city clerk within 14
calendar days of the date of the decision appealed or the conclusion of the comment period or
completion of the giving of required notices, whichever is longer; provided, that appeals of
determinations of nonsignificance for which public comment is required are extended seven
additional days. All appeals shall contain a specific statement of reasons why the decision of the
responsible official is alleged to be in error.
Section 14. FWRC 18.35.010 is hereby amended to read as follows:
18.35.010 General procedure.
The general procedure for processing an application for a subdivision is Gensists of seven steps
as follows:
(1) A preapplication conference between the proponent and city staff to discuss land use, site
design, transportation, and environmental issues if the applicant requests it;
(2) Review of the preliminary plat application by the city staff to determine whether or not the
application is acceptable for filing;
(3) Review of the proposed preliminary plat by the responsible official in order to ensure
compliance with the State Environmental Policy Act, RCW 43.21 C.010 et seq., the
environmental policy, FWRC Title 14, and impact mitigation, Chapter 19.100 FWRC;
(4) Submission of the proposed preliminary plat along with the comments or recommendations
of interested departments or agencies to the hearing examiner for public hearing;
(5)
(ra) Review of the final plat by the city staff and the Lakehaven utility district;
(7) I hApproval of the final plat for recording as indicated by the signature of the mayor thereon;
(8) MPreliminary plat certificate not less than 90 days old from a licensed title insurance
company;
Ordinance No. 14- Page 10 of 17
Rev 1 /10
{9} fEAdditional information as required at the discretion of the director of community
development services.
Section 15. FWRC 18.35.080 is hereby amended to read as follows:
18.35.080 Official file.
(1) Contents. The director of community development services shall compile an official file on the
application containing the following:
(a) All application materials submitted by the applicant.
(b) The staff report.
(c) All written comments received on the matter.
(d) The electronic recording of the public hearing on the matter.
(e) The FeGemmend decision of the hearing examiner.
(fl
(N Any other information relevant to the matter.
(2) Availability. The official file is public record. It is available for inspecting and copying in
department of community development services during regular business hours.
Section 16. FWRC 18.35.090 is hereby amended to read as follows:
18.35.090 Notice of application.
(1) Contents. Within 14 days of the letter of completeness being issued, the director of
community development services shall prepare and publish a notice of application within the
local newspaper of general circulation. The notice of application shall contain the following:
(a) The name of the applicant and, if applicable, the project name.
(b) The street address of the subject property or, if this is not available, a locational
description in nonlegal language. Except for notice published in the newspaper of
general circulation in the city, the notice must also include a vicinity map that
identifies the subject property.
(c) The citation of the provision of this title describing the applied -for decision and,
to the extent known by the city, any other permits which are not included in the
application.
(d) A brief description of the requested decision.
Ordinance No. 14- Page I1 of 17
Rev 1/10
(e) A list of the project permits included in the application and, if applicable, a list of
all required studies submitted with the application.
(f) The date of application, the date of the notice of completion of the application,
and the date of the notice of the application.
(g) A statement that notification of the public hearing date will occur approximately
15 days prior to the scheduled hearing date.
(h) A statement of the availability of the official file.
(i) A statement of the right of any person to submit written comments to the hearing
examiner and appear at the public hearing of the hearing examiner to give
comments orally.
G)
(4 The identification of existing environmental documents that evaluate the
proposed project and the location where the application and any studies can be
reviewed.
�) LtLA statement of the preliminary determination, if one has been made at the
time of notice, of those development regulations that will be used for project
mitigation and of consistency as provided in RCW 36.706.040.
(2) Distribution. The director of community development services shall distribute this notice as
follows:
(a) A copy will be sent to the persons receiving the property tax statements for all
property within 300 feet of each boundary of the subject property.
(b) If the owner of the property which is proposed to be subdivided owns another
parcel, or parcels, of property which lie adjacent to the property proposed to be
subdivided, notice of application shall be given to owners of property located within
300 feet of any portion of the boundaries of such adjacently located parcels of
property owned by the owner of the property proposed to be subdivided.
(c) A copy shall be mailed to appropriate city or county officials if the proposed plat
lies within one mile of an adjoining city or county boundary.
(d) A copy shall be mailed to all agencies or private companies who received
copies of the preliminary plat pursuant to FWRC 18.35.040.
(e) Notice shall be mailed to the State Department of Transportation if the proposed
plat abuts a state highway.
(f) A copy will be published in the official daily newspaper of the city.
Ordinance No. 14- Page 12 of 17
Rev 1 /10
(g) A copy will be posted on each of the official notification boards of the city and at
public libraries within the city.
(3) Public notification sign. The applicant shall erect at least one public notification sign which
complies with standards developed by the department of community development services. This
sign shall be located on or near the subject property facing the right -of -way or vehicle access
easement or tract providing direct vehicle access to the subject property. The director of
community development services may require the placement of additional public notice signs on
or near the subject property if he or she determines that this is appropriate to provide notice to
the public.
(4) Timing. The public notification sign or signs must be in place at least 14 calendar days after
the letter of completeness has been issued, and removed within seven calendar days after the
final decision of the city on the matter.
Section 17. FWWRC 18.35.170 is hereby amended to read as follows:
18.35.170 Resemmendatoon Decision by the hearing examiner.
(1) Generally. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written decision
(2) Timing. Unless a longer period is mutually agreed to by the applicant and the hearing
examiner, the hearing examiner must issue the decision Feeemmend not later than 10
working days following conclusion of all testimony and hearings.
(3) Decisional criteria. The hearing examiner shall use the following criteria in reviewing the
preliminary plat and may grant FessmmeRd approval of the plat #e -city Gounsil if:
(a) It is consistent with the comprehensive plan;
(b) It is consistent with all applicable provisions of the title, including those adopted
by reference from the comprehensive plan;
(c) It is consistent with public health, safety, and welfare;
(d) It is consistent with criteria listed in FWRC 18.05.020; and
(e) It is consistent with the development standards listed in Chapter 18.55 FWRC,
and FWRC 18.60.030 through 18.60.120.
(4) Conditions and restrictions. The hearing examiner shall include in the written decision
FeeemmendatieRs any conditions and restrictions that the examiner determines are reasonably
necessary to eliminate or minimize any undesirable effects of granting the application.
(5) Contents. The hearing examiner shall include the following in the written decision
Ordinance No. 14- Page 13 of 17
Rev 1/10
(a) A statement of facts presented to the hearing examiner that supports his or her
decision , including any conditions and restrictions that
Fesermended.
(b) A statement of the hearing examiner's conclusions based on those facts.
(c) A statement of criteria used by the hearing examiner in making the decision
(d) The date of issuance of the decision Feremmend
Section 18. FWRC 18.35.180 is hereby repealed as follows:
18.36.180
.
4
be to the
eaGh
who submitted wfi#en e
ssued,
a repy will sent appliGant,
OWN
peFsen
gt=
t
+t,
Section 18. FWRC 18.35.180 is hereby repealed as follows:
18.36.180
.
Ordinance No. 14- Page 14 of 17
Rev 1/10
WM. - - -
OWN
gt=
t
Ordinance No. 14- Page 14 of 17
Rev 1/10
pFeliminaFy plat if:
(a) The Ghange will not have the effert of inGFeasing the Fesidential density of the
6#99t fF9FA the plats
t
(r.) The Ghange will not Fesult on any less of open spare aFea-ef buffeFiAg pwided
a R the plat; and
Section 19. FWRC 18.35.190 is hereby amended to read as follows:
18.35.190 Notice of decision on preliminary plat application.
(1) General. Following the preliminary decision by the hearing examiner city seunGil, the director
of community development services shall prepare a notice of the hearing examiner's city
seunsil' -s decision on the preliminary plat application.
(2) Distribution. Within 10 working days after the hearing examiner's sity reunGil's decision is
made, the director of community development services shall distribute a copy of the notice of the
final decision as follows:
(a) A copy will be sent to the applicant.
(b) A copy will be sent to any person who submitted written or oral comments to the
hearing examiner.
(c) A copy will be sent to each person who has specifically requested it.
(3) Contents. The director of community development services shall include in the notice of the
final decision the following:
(a) A statement of any threshold determination made under the State
Environmental Policy Act, Chapter 43.21 C RCW.
Ordinance No. 14- Page 15 of 17
Rev 1 /10
pFelimiRaFy plat.
pFeliminaFy plat if:
(a) The Ghange will not have the effert of inGFeasing the Fesidential density of the
6#99t fF9FA the plats
t
(r.) The Ghange will not Fesult on any less of open spare aFea-ef buffeFiAg pwided
a R the plat; and
Section 19. FWRC 18.35.190 is hereby amended to read as follows:
18.35.190 Notice of decision on preliminary plat application.
(1) General. Following the preliminary decision by the hearing examiner city seunGil, the director
of community development services shall prepare a notice of the hearing examiner's city
seunsil' -s decision on the preliminary plat application.
(2) Distribution. Within 10 working days after the hearing examiner's sity reunGil's decision is
made, the director of community development services shall distribute a copy of the notice of the
final decision as follows:
(a) A copy will be sent to the applicant.
(b) A copy will be sent to any person who submitted written or oral comments to the
hearing examiner.
(c) A copy will be sent to each person who has specifically requested it.
(3) Contents. The director of community development services shall include in the notice of the
final decision the following:
(a) A statement of any threshold determination made under the State
Environmental Policy Act, Chapter 43.21 C RCW.
Ordinance No. 14- Page 15 of 17
Rev 1 /10
(b) A statement that affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
Section 20. FWRC 18.35.200 is hereby amended to read as follows:
18.35.200 Effect of decision.
(1) Final decision. The hearing examiner's decision shall be the city's final decision
on the preliminary plat application.
(2) Effect on applicant. Prior to construction of improvements pursuant to preliminary plat
approval, engineering drawings for public improvements shall be submitted for review and
approval to the department of public works and the Lakehaven utility district and city of Tacoma
public utilities department. The applicant may not engage in any activity based on the decision,
including construction or site work, until final approval of all engineering and utility plans,
including storm drainage, the payment of all pertinent fees, the submittal of performance and
maintenance securities as may be required, and a preconstruction meeting has been held.
(3) Effect on city. Approval of the preliminary plat by the hearing examiner city GGUI;sil shall
constitute acceptance of subdivision layout and design and shall include all conditions,
restrictions, and other requirements adopted by the hearing examiner seUnsil -as part of plat
approval. Hearing examiner Gity seensil- approval of a preliminary plat shall not constitute
approval for land clearing or grading, vegetation removal, or any other activities which otherwise
require permits from the city.
Section 21. FWRC 18.35.220 is hereby amended to read as follows:
18.35.220 Duration of approval.
Preliminary plat approval shall expire five years from the date of hearing examiner eity wunGil
approval, unless the applicant requests an extension as provided in FWRC 18.05.090.
Section 22. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. 14- Page 16 of 17
Rev 1/10
Section 23. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 24. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 25. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14-
Page 17 of 17
Rev 1 /10
SUBJECT: Authorization to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract
(AG 13 -150), increasing the total compensation by $150,563.00.
POLICY QUESTION: Should Council authorize the Mayor to amend the 2013 -2014 SWM Infrastructure
Maintenance and Service Contract (AG13 -150), increasing the total compensation by $150,563.00 to allow for
work to be performed in 2014.
COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 3, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: William Appleton, P.E. Surface Water Man .... _ _ _ ........ ........... _. _ ...................
Attachments:
1. LUTC Memorandum
2. Contract Change Order Agreement #1.
Options Considered:
1 Authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract
(AG 13 -150), increasing the total compensation by $150,563.00 to allow for work to be performed in 2014.
2. Do not authorize the Mayor to amend the agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 18, 2014 City
Council Consent Agenda Eq*l
MAYOR APPROVAL: -' DIRECTOR APPROVAL:
,,-",o�'Covfnittee Council Committee
CHIEF OF STAFF: L,Iit y 0 1104
Co e Council
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the February 18, 2014
City Council consent agenda for approval.
Bob Celski, Chair Jeanne Burbidge, Member
PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to amend the 2013 -2014 SWM Infrastructure
Maintenance and Service Contract (AG13 -150), increasing the total compensation by $150,563.00 to allow for
work to be performed in 2014."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED /NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/20 10 9
COUNCIL BILL #
IST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: Feb 3, 2014
TO: Land Use and Transportation Committee
VIA: Jim Farrell, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management�41yl-
William Appleton, P.E., Surface Water Manager
SUBJECT: SWM Infrastructure Maintenance and Service Contract Amendment
BACKGROUND:
In 2013, SWM awarded a 2 -year maintenance and services contract for vactoring services to
Everson's Econo -Vac Inc. in an amount not to exceed $154,253.00 per year. 2013 vactoring work
has been completed and the budgeted contract amount expended. To allow for vactoring work to be
performed in 2014, staff is requesting that the contract amount be increased by $150,563.00 which is
the amount budgeted for in the 2013 -2014 budget.
Everson's Econo -Vac Inc. has been performing vactoring services for the City since 2005 and
continues to provide outstanding service to the City.
10
13 -150
PROJECT
NUMBER
CITY OF FEDERAL WAY
CONTRACT CHANGE ORDER AGREEMENT
CHANGE ORDER
NUMBER
SWM- Infrastructure Maintenance and Service
PROJECT TITLE
SUMMARY OF PROPOSED CHANGES:
_Jan 1, 2014
EFFECTIVE DATE
Eversons Econo -Vac Inc.
CONTRACTOR
The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased
by Calendar Days. This Document shall become an Amendment to the Contract and all
provisions of the Contract not amended herein will apply to this Change Order.
Will this change affect expiration or extent of Insurance coverage? ❑ Yes ® No
If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No
PRICE CHANGE The total available compensation for the contract shall be increased from
$154,253.00 to $304,816 to allow for work to be performed in 2014.
TOTAL NET CONTRACT:
STATEMENT:
INCREASE $150,563.00
DECREASE $
Payment for the above work will be in accordance with applicable portions of the standard
specifications, and with the understanding that all materials, workmanship and measurements
shall be in accordance with the provisions of the standard specifications, the contract plans, and
the special provisions governing the types of construction.
CONTRACTOR'S MAYOR'S
SIGNATURE SIGNATURE
DATE
CHANGE ORDER AGREEMENT 111 1 /10
DEPARTMENT RECAP TO DATE:
ORIGINAL CONTRACT AMOUNT
PREVIOUS CHANGE ORDERS
THIS CHANGE ORDER
*ADJUSTMENTS
NEW CONTRACT AMOUNT
ADJUSTMENTS
CHANGE ORDER ESTIMATE IS HEREBY
*Adjustments:
❑ INCREASED
❑ DECREASED
PAY THIS ADJUSTED AMOUNT:
MAYOR'S SIGNATURE
$_154,253
$_150,563
$ 304,816
CHANGE ORDER AGREEMENT JL 2 1/10
COUNCIL MEETING DATE: February 18, 2014 ITEM #:
... _..._ ............................................_._....................._.................._.............................. ............................... ..............................................................................................._..................................................... ......._...._..__....__...._...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Mobile/Manufactured Home Park (MHP) Zoning Designation
POLICY QUESTION: Should the City Council place the consideration of a Mobile /Manufactured Home Park (MHP)
Zoning Designation on the 2014 Planning Commission Work Program?
COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: February 3, 2014
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Margaret H. Clark Principal Planner DEPT: Community & Economic Development
. .. ............................... 1-1--111 _................................_..... .............._.._g............ _..._.._.... r.................._..---_ p...................................._...._................ ....................._........................................
Attachments: Exhibit A White Paper, Mobile/Manufactured Home Park Zoning Designation
Background: At the beginning of 2013, the City was approached by residents of the Belmor Mobile Home Park who
requested that the City adopt regulations creating a Mobile/Manufactured Home Park (MHP) Zoning Designation. On
April 16, 2013, the City Council adopted the 2013 Planning Commission Work Program, which included the potential
creation of such a designation. Thereafter, on September 3, 2013, the Belmor Homeowners' Association asked that any
future rezoning issues regarding mobile and manufactured home parks exclude Belmor. At that time, the Council
requested staff to research the issue further to determine how changes in zoning would affect existing parks. The Council
also removed this item from the Planning Commission Work Program. In preparing this report, staff has reviewed the
zoning regulations of Kent, Tumwater and Marysville which have all adopted provisions related to the preservation of
mobile /manufactured home parks.
Options Considered: Amend the 2014 Planning Commission Work Program to include: 1) A new Mobile/Manufactured
Home Park (MHP) Zoning Designation that allows mobile /manufactured home parks, mobile homes and manufactured
homes, accessory uses and other limited uses; 2) A new code section that requires owners /operators of
mobile /manufactured home parks to prepare and implement relocation plans that provide assistance to tenants if the park
were to be closed; 3) No new regulations related to mobile homes and manufactured homes.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
CHIEF OF STAFF:
�</ ' DIRECTOR APPROVAL:
Committee Council Initial
COMMITTEE RECOMMENDATION: To be determined.
Bob Celski, Chair Jeanne Burbidge, Member Member
PROPOSED COUNCIL MOTION: To be determined.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
K:\2014 Planning Commission Work Program\Manufactured Home Park Zoning \LUTC\Agenda Bill.doc
13
MOBILEIMANUFACTURED HOME PARK ZONING DESIGNATION
A. POLICY QUESTION
Should the City Council place the consideration of a Mobile/Manufactured Home Park (MHP)
Zoning Designation on the 2014 Planning Commission Work Program?
B. BACKGROUND
There is interest on the part of some residents of local mobile /manufactured home parks for the City
of Federal Way to create a MHP Zoning Designation that would limit the permitted use within that
zone to only mobile /manufactured home parks. The City was first approached by residents of the
Belmor Mobile Home Park, who were soon joined by residents of other parks in pursuing this
request. There are eight mobile /manufactured home parks in the City with approximately 1,168
spaces. On April 16, 2013, the City Council adopted the 2013 Planning Commission Work Program,
which included the potential creation of a MHP Zoning Designation. Thereafter, on September 3,
2013, the Belmor Homeowners Association asked that any future rezoning issues regarding mobile
home parks exclude Belmor. The reason for this request was that residents of Belmor were able to
reach an agreement with the Hines ownership group, who own the park. At that time, the Council
stated that they would like staff to research the issue further to determine how changes in zoning
would affect existing parks. The Council also removed this item from the Planning Commission
Work Program. In preparing this report, staff has researched the zoning regulations of Kent,
Marysville, and Tumwater, which have all adopted provisions related to the preservation of
mobile /manufactured home parks.
C. SUMMARY OF OTHER CITIES' MOBILE/MANUFACTURED HOME PARK ZONING
REGULATIONS
CITY OF KENT
The City of Kent allows mobile /manufactured home parks in any multi- family residential district.
However, the City has adopted regulations intended to protect the interests of the residents of
mobile /manufactured home parks. These regulations require a mobile /manufactured home park owner
to obtain approval of a relocation plan from the City of Kent Housing and Human Services Office
before they can close a park, or obtain final approval of a comprehensive plan or zoning
redesignation. The relocation plan must provide that the mobile /manufactured home park owner will
assist each household to relocate, in addition to making any state or federal required relocation
payments. Such assistance must include providing tenants an inventory of relocation resources,
referring tenants to alternative public and private subsidized housing resources, helping tenants obtain
and complete the necessary application forms for state - required relocation assistance, and helping
tenants to move the mobile homes or manufactured homes from the park. This approach does not
create a MHP Zoning Designation per se, but ensures that tenants are assisted in relocating their
homes.
CITY OF TUMWATER
In 2009, the City of Tumwater adopted a MHP Zoning Designation that permits manufactured home
parks, mobile home parks that were legally established prior to July 1, 2008, manufactured homes on
single family lots, single- family dwelling units, and certain recreational and child day care uses.
Manufactured/Mobile Home Park Zoning District 1 q Pagel of 4
Churches, schools, community centers, agriculture, and bed and breakfast establishments are
permitted based on obtaining a conditional use permit. Use exceptions can be granted if the property
owner demonstrates, "... they do not have a reasonable use of their property under the MHP zoning,"
or "... the uses authorized by the MHP zoning are not economically viable."
CITY OF MARYSVILLE
In 2010, the City of Marysville adopted a Mobile/Manufactured Home Park (MHP) Zoning
Designation that was modelled after the Tumwater ordinance. Allowable uses' within this zoning
designation include mobile /manufactured home parks, single - family dwelling units, and mobile
homes which are permitted outright and conditional uses such as senior citizen assisted facilities,
recreational vehicle parks, community centers, libraries, museums, art galleries, churches,
synagogues, temples, funeral homes, schools, and regional detention ponds.
D. POLICY ISSUES
• Mobile homes and manufactured homes are considered affordable housing. Adopting a MHP
Zoning Designation could help to preserve existing affordable housing.
• Regionally many existing parks have been converted to other uses and it can be difficult to find
another mobile home space if an existing park closes.
• Once a manufactured or mobile home has been placed on a lot, it no longer is mobile and it is
very costly to move the home to another park.
• In many cases, the homes that are displaced are older, single -wide models that can be difficult to
relocate because of restrictions placed by park owners.
• The State Mobile Home Relocation Assistance Program requires a landlord to give each
homeowner at least 12 months written notice if he or she intends to permanently close a mobile
home or manufactured home park. The state will also reimburse a low- income household' for all
actual moving costs up to a maximum of $12,000 for a double -wide mobile home and $7,500 for
a single -wide on a first -come, first - served basis4. However, residents of parks have stated that on
average, it may be closer to $25,000 to move a manufactured or mobile homes.
• Mobile /manufactured Home Parks are an allowable use only in the City's Multi- Family (RM)
Zone. All eight mobile /manufactured home parks in the City are located in RM Zones. This
zoning designation allows the following uses:
TThis list does not contain all permitted uses in the Marysville's MHP Zoning Designation.
2 In 1991, the Washington State Legislature passed a new law establishing the Mobile Home Relocation Assistance Program to
provide financial assistance to low - income mobile home park tenants who are forced to relocate due to a park closure. In addition
to the financial assistance measure, this law also exempts mobile homes that are relocated due to a park closure from complying
with the requirements of city or county fire, safety, or construction codes (see RCW 59.21.105).
3 A low- income household means households whose adjusted income is less than 80 percent of the median family income.
4 2013 Northwest Justice Project, "Tenant Rights under the Manufactured/Mobile Home Landlord -Tenant Act"
5 Testimony of Belmor residents at the April 15, 2013 City Council meeting as reported in the April 18, 2013 Federal Way
Mirror.
Manufactured/Mobile Home Park Zoning District 1 Z) Page 2 of 4
• Detached dwelling unit (Single- family home)
• Cottage housing development
• Attached dwelling units
• Zero -lot line townhouses
• Small lot detached dwelling units
• Stacked dwelling unit
• Manufactured home park
• Group homes
• Senior citizen housing
• Social services transitional housing
• Convalescent center or nursing home
• Church, synagogue, or other place of religious worship
• Day care facilities
• Private noncommercial sports field, or similar open area use
• Community recreation area or clubhouse
• Public transit shelter
• Public utility
• Government facility
• Public park
• Personal wireless service facility
• Restricting existing properties developed as MHPs to remain only as that use may affect the value
of said properties and could potentially be considered a taking, depending on how restrictive such
a provision would be.6
If a MHP Zoning Designation were imposed on existing mobile /manufactured home parks,
owners of the parks may take compensatory or even retaliatory actions such as:
o Raising the cost to rent a space.
o Converting the property to condominiums and putting the spaces up for sale in order
to preserve the value of the property.
• Any such responses intended to compensate for lost property value could undermine the initial
intent of preserving existing affordable housing.
• Drafting regulations for a MHP Zoning Designation and rezoning property developed as MHPs to
said designation will consume many hours of planning and legal staff time due to the subject
matter being contentious and potentially being appealed by the owners of the parks.
6 In 2009, the City of Tumwater adopted a zoning district and accompanying comprehensive plan designation for manufactured
and mobile homes and rezoned six of the ten manufacturing parks to this designation. Several of the park owners challenged the
ordinances as a regulatory taking. The Ninth Circuit Court upheld the city's actions; concluding that the ordinances had minimal
economic effect on the plaintiffs, that the impact on their investment - backed expectations was highly speculative, and that the
ordinances did not force plaintiffs to continue operating their properties as manufactured home parks. The court also rejected
plaintiff's allegations that the ordinances amounted to "spot zoning."
7 In 2008, residents of Kloshe Illahee, located outside of the City, claimed that the owners of the park, Chicago -based
Manufactured Homes Communities Inc. (MHQ, raised their rent in retribution for a lawsuit filed against the company by the
residents association the previous year.
Manufactured/Mobile Home Park Zoning District 10 Page 3 of 4
EXISTING MOBILEIMANUFACTURED HOME PARKS
i S 272nd ST
i Mhinw. \
J \
! CO
i N
U Q
ki
I
Q 0 R j
Ui
Q
m In
S 312th ST 41-U
i►Q
SW 320th ST S 320th ST
W
H r
N U �f,
L
V 336th ST S 336th ST
ID
Name
Zone
#Spaces
1
Belmor
RM3600
336
2
Camelot Square
RM3600
400
3
Cedar Creek
RM3600
73
4
Charwood
RM3600
72
5
Crestwood
RM1800
102
6
Highline
RM3600
49
7
Laurelwood Valley
RM 1800
64
8
Parkwood Lane
RM3600
72
Total
1168
Manufactured/Mobile Home Park Zoning District 1 ' Page 4 of 4
This page left blank intentionally.
18
COUNCIL MEETING DATE: February 18, 2014 ITEM #:
_......._............_ ..........................._............................................................._. ............_......_........... ................................................................................................................................................................................_.......... ..._...........................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2014 Planning Commission Work Program
POLICY QUESTION: How should the 2014 Planning Commission Work Program be prioritized?
COMMITTEE: Land Use /Transportation Committee (LUTC) MEETING DATE: February 3, 2014
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Margaret H. Clark, Principal Planner DEPT: Community & Economic Development
_ ....................................................................__.._..._........................ ............................... .................................................... .........._........._.......... 111 ... ... ...... _...........................
Attachments: Exhibit A — January 7, 2014, Staff Report to the Planning Commission; and Exhibit B — Mayor's
Recommendation
Background: During the first part of each calendar year, the Planning Commission's work program for that year
is approved by the City Council. The Planning Commission's work program consists of reviewing and making
recommendations to the LUTC and City Council on requests for annual comprehensive plan amendments and
zoning code amendments. In 2014, the Planning Commission will also be reviewing work required for the 2015
Major Comprehensive Plan Update. Staff presented a potential work program (Exhibit A) to the Planning
Commission on January 15, 2014.
Options Considered: 1) Approve the 2014 Planning Commission Work Program as outlined in Exhibit B;
2) Modify and approve the Work Program; 3) Do not approve the Work Program
MAYOR'S RECOMMENDATION�,Qp(ion 1 n^
MAYOR APPROVAL:
Council
CHIEF OF STAFF: ,�}•ta/,/ 1�•F�J
ttee Counci
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the February 18, 2014,
City Council meeting for approval.
Bob Celski, Chair Jeanne Burbidge, Member Member
PROPOSED COUNCIL MOTION: "I move approval of Mayor's recommendation."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
K:\2014 Planning Connnission Work Program \LUTC \Agenda Bill.doc
19
EXHIBIT A
20
CITY OF 4 4%
4t,
Federal Way
STAFF REPORT TO THE PLANNING COMMISSION
DATE: January 7, 2014
To: Merle Pfeifer, C , lanning Commission
FROM: Patrick Dohe , ctor of Community and Economic Development
Margaret H. ark, AICP, Principal Planner rrjA%,
SUBJECT: 2014 Planning Commission and Long Range Planning Work Program
MEETING DATE: January 15, 2014
A. BACKGROUND
At the beginning of each calendar year, the Planning Commission's Work Program for that year is
approved by the City Council. The purpose of this memorandum is to update the Planning
Commission as to the status of the 2013 Work Program and to inform the Planning Commission on
potential new work items for 2014. No action is being requested of the Commission.
B. THIS MEMORANDUM INCLUDES THE FOLLOWING INFORMATION
• Section C — Status of the 2013 Planning Commission Work Program
• Section D — 2015 Major Comprehensive Plan Update
• Section E — 2014 Annual Comprehensive Amendments
• Section F — 2014 Code Amendment Requests
• Section G — Other Long Range Planning Responsibilities. This is a list of other long range
planning responsibilities that are not part of the Planning Commission Work Program, but are
required to be done by long range planning staff.
• Section H — Potential Planning Commission Work Program/Staff Recommendation. This
includes work such as monitoring and a prioritized list of potential code amendments.
• Section I — Next Steps
21
C. STATUS OF THE 2013 PLANNING COMMISSION WORK PROGRAM
Item Status
Required'
2012 comprehensive plan update Completed
2013 comprehensive plan update Completed
Discretionary2— Organized by High, Medium, and Low Priority
High Priority
Amend the community design guidelines to allow for greater administrative Completed
flexibility
Adopt zoning regulations to implement urban agriculture goals and policies Completed
Revise zoning regulations for the siting of Group Homes Type III3 In research stage
Amend process for updating the comprehensive plan In research stage
Amend the nonconforming provisions Not Started
Medium Priority
Amend regulations to increase exempt levels for a threshold determination under the Not Started
State Environmental Policy Act (SEPA)4
Amend regulations to provide a more streamlined process for binding site plans
Not Started
Amend regulations pertaining to types of improvements or structures allowed in
Not Started
required yards
Amend regulations to broaden uses and standardize bulk and dimensional
Not Started
requirements by zone, and to provide more appropriate setbacks and landscape
buffers for commercial uses
Adopt zoning regulations for the Twin Lakes Commercial Sub -Area
Not Started
Amend regulations to increase the maximum allowable building height in the City-
Not Started
Center Core (CC -C) zoning district
Amend regulations to make review of variances an administrative process
Not Started
Amend noticing provisions to incorporate new technologies and to remove
Not Started
inconsistencies between different sections of the code
Low Priority
Amend regulations to allow oversize vehicles in approved enclosures in residential
Not Started
zones
Amend regulations to allow senior housing/assisted living in the Professional Office
Not Started
(PO) zones
Adopt an ordinance addressing historic preservation
Not Started
'These are actions that are required to be completed by state law.
2City Council has given staff direction to prepare these code amendments; however, they are not required by state law.
3Currently Group Homes Type III, which are intended to provide housing for individuals with violent and sexually violent
criminal backgrounds, is not allowed outright in the city. On September 3, 2013, the City Council enacted a six -month
moratorium on their siting. On October 15, 2013, the Council added it to the 2013 Planning Commission Work Program as a high
priority.
State law has been amended to allow for increasing the flexible thresholds that local governments may adopt to exempt minor
new construction projects from SEPA review.
5 This is already part of the on -going work program and will be started once the applicant for a senior housing project in the PO
zone is ready to move forward.
Planning Commission Staff Report
2014 Planning Commission and Long Range Planning Work Program
046
Meeting Date: January 15, 2014
Page 2
D. 2015 MAJOR COMPREHENSIVE PLAN UPDATE
Pursuant to RCW 36.70A. 130(5)(a), "Comprehensive plans — Review procedures and schedules —
Amendments," the City of Federal Way, along with King County and its other cities, must take action
to review and if needed, revise their comprehensive plans and development regulations by June 30,
2015, to ensure the plan and regulations comply with the Growth Management Act (GMA). Staff will
continue working on the major comprehensive update during this calendar year, completing the
update by June 30, 2015, as required.
E. 2014 ANNUAL COMPREHENSIVE PLAN AMENDMENTS
The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to
the comprehensive plan on an annual basis. The city received the following two requests for the 2014
amendment cycle (Exhibit A – Composite Map). These requests will be incorporated into the major
comprehensive plan update.
1. File No. 14- 100044 -UP – Request for a comprehensive plan amendment and rezone of the
following five parcels (totaling 6.14 acres) located between 6"' Avenue SW and 8"' Avenue SW,
from Single Family Medium- Density Residential and RS 15.0 (Single Family, one unit per
15,000 square feet) to Single Family High - Density Residential and RS 9.6 (Single Family, one
unit per 9,600 square feet) or RS 7.2 (Single Family, one unit per 7,200 square feet) (Exhibit B).
Owner
Daniel and Young Lee
Joseph Princen
Joseph Princen
Walter Bishop
Walter and Sono Bishop
Total
Parcel Number
No. Acres
302104 -9051
3.14
302104 -9062
0.78
302104 -9113
0.71
302104 -9168
0.75
302104 -9065
0.76
6.14
2. Request from Stephen Hynes for a comprehensive plan amendment and rezone of Belmor Mobile
Home Park (parcel number 162104 -9037, consisting of 62.74 acres) from Multiple Family
Residential and RM 3600 (Multi - Family, one unit per 3,600 square feet) to City Center -Frame
and CC -F (Exhibit Q.
F. 2014 CODE AMENDMENTS REQUESTS
The FWRC requires the city to accept applications for code amendments on an annual basis. The city
did not receive any citizen - initiated code amendments for the 2014 amendment cycle.
G. OTHER LONG RANGE PLANNING RESPONSIBILITIES
The following describes reporting or monitoring work required by the state, county, or other agencies.
This is part of the Long Range Division Work Program, but not part of the Planning Commission Work
Program:
Planning Commission Staff Report
2014 Planning Commission and Long Range Planning Work Program
23
Meeting Date: January 15, 2014
Page 3
Item
Required
Status
Work on a city interdepartmental team to allocate
In Process
projections for land use and employment to the city's
Transportation and Analysis Zones (TAZ's)6
Prepare a report for the Puget Sound Regional Council on
Due at the end of February 2014
the number of residential building permits broken out by
type for 2013
Prepare a report on building permit and other housing-
Due at the beginning of April 2014
related data to the Washington Office of Financial
Management, which is used to determine the population of
the city as of April 1, 2013
Review proposed amendments to the King County
Staff works on this item whenever King
Countywide Planning Policies (CPP's), as necessary, and
County proposes amendments to the CPP's
provide information to the city council for ratification
Courtesy Requests
Respond to surveys from University of Washington, and This is not a requirement; however, staff may
other institutions provide a courtesy response
H. POTENTIAL 2014 PLANNING COMMISSION WORK PROGRAM/STAFF RECOMMENDATION
The long range planning staff is comprised of 1.5 Full Time Equivalents (FTE) and the current
planning staff is comprised of 2.5 FTE's, for a total of 4.0 FTE's. Long range planning activities
include comprehensive plan amendments, code amendments, and monitoring and reporting
development activity.
In the past, current planning staff has assisted the long range division in preparing code amendments
based on the current planning staff's capacity and depending on the level of development activity.
Applications for development activity increased during 2013, and therefore, current planning staff did
not have much capacity to assist with code amendments. From all indications current planning activity
appears to be increasing even more for 2014. Therefore, similarly to 2013, it is unlikely that current
planning staff will have the capacity for much assistance with code amendments in 2014. Moreover, in
2014, approximately %2 FTE current planning staff will be shifted to long range to assist in the major
comprehensive plan update. Subsequently, there may be little overall capacity to work on code
amendments. Nonetheless, staff recommends the following Planning Commission Work Program
recognizing that many of these items may have to be carried over to the 2015 Work Program.'
The potential work program is organized as follows:
REQUIRED ACTIONS
• 2015 Major Comprehensive Plan Update
• Critical Areas Regulations Updates
6 This will be used to prepare the 6 -year and 20 -year forecast for transportation facilities in Chapter 3, "Transportation," and
Chapter 6, "Capital Facilities."
7 The 2014 Planning Commission Work Program is recommended to be the same as the 2013 Work Program.
B This is part of the 2015 Major Update of Development Regulations, which is expected to continue into 2015.
Planning Commission Staff Report
2014 Planning Commission and Long Range Planning Work Program
24
Meeting Date: January 15, 2014
Page 4
• Revise zoning regulations for the siting of Group Homes Type I119
• Adopt marijuana - related code amendments in response to its legalization within the State of
Washington
DISCRETIONARY ACTIONS
Not Mandatory — Organized by High, Medium, and Low Priority
High Priority
Amend process for updating the comprehensive plan
Amend the nonconforming provisions
Amend regulations to increase exempt levels for a threshold determination under the State
Environmental Policy Act (SEPA)"
Medium Priority
• Amend regulations to provide a more streamlined process for binding site plans
• Amend regulations pertaining to types of improvements or structures allowed in required yards
• Amend regulations to broaden uses and standardize bulk and dimensional requirements by
zone, and to provide more appropriate setbacks and landscape buffers for commercial uses.
• Adopt zoning regulations for the Twin Lakes Commercial Sub -Area
• Amend regulations to increase the maximum allowable building height in the City- Center Core
(CC -C) zoning district
• Amend regulations to make review of variances an administrative process
• Amend noticing provisions to incorporate new technologies and to remove inconsistencies
between different sections of the code
Low Priority
• Amend regulations to allow oversize vehicles in approved enclosures in residential zones
• Amend regulations to allow senior housing/assisted living in the Professional Office (PO)
zones'
• Adopt an ordinance addressing historic preservation
HOUSEKEEPING CODE AMENDMENTS
These are amendments that may be necessary at any time of the year to ensure the implementation of
existing code language and may rise to a high priority.
9 Currently Group Homes Type III, which are intended to provide housing for individuals with violent and sexually violent
criminal backgrounds, is not allowed outright in the city. We need to amend our codes per RCW 9.94A.8445 and RCW
36.70A.200 to allow for their location. On September 3, 2013, the City Council enacted a six -month moratorium on their siting.
On October 15, 2013, the Council added it to the 2013 Planning Commission Work Program as a high priority.
io State law has been amended to allow for increasing the flexible thresholds that local governments may adopt to exempt minor
new construction projects from SEPA review.
"This is already part of the on -going work program and will be started once the applicant for a senior housing project in the PO
zone is ready to move forward.
Planning Commission Staff Report Meeting Date: January 15, 2014
2014 Planning Commission and Long Range Planning Work Program Page 5
25
I. NEXT STEPS
Staff will forward the proposed work program to the Land Use/Transportation Committee (LUTC),
which will make a recommendation on the work program to the City Council for its consideration at a
public hearing.
LIST OF EXHIBITS
Exhibit A Composite Map — Location of Site - Specific Requests
Exhibit B Vicinity Map of Site - Specific Request #1 —Bishop, Lee, Princen
Exhibit C Vicinity Map of Site - Specific Request #2 — Hynes
K:\2014 Planning Commission Work Program \LUTC\Exhibit A.doc
Planning Commission Staff Report Meeting Date: January 15, 2014
2014 Planning Commission and Long Range Planning Work Program Page 6
26
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EXHIBIT B
2014 Planning Commission Work Program
REQUIRED ACTIONS
• 2015 Major Comprehensive Plan Update
• Critical Areas Regulations Update'
• Revise zoning regulations for the siting of Group Homes Type ITI2
• Adopt marijuana- related code amendments in response to its legalization within the state of Washington
DISCRETIONARY ACTIONS
Organized by High, Medium, and Low Priority
High Priority
• Amend process for updating the comprehensive plan
• Amend the nonconforming provisions
• Amend regulations to increase exempt levels for a threshold determination under the State Environmental
Policy Act (SEPA)3
Medium Priority
• Amend regulations to provide a more streamlined process for binding site plans
• Amend regulations pertaining to types of improvements or structures allowed in required yards
• Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone, and to provide
more appropriate setbacks and landscape buffers for commercial uses
• Adopt zoning regulations for the Twin Lakes Commercial Sub -Area
• Amend regulations to clarify maximum allowable building height in the City- Center Core (CC -C) zoning
district
• Amend regulations to make review of variances an administrative process
• Amend noticing provisions to incorporate new technologies and to remove inconsistencies between different
sections of the code
Low Priority
• Amend regulations to allow oversize vehicles in approved enclosures in residential zones
• Amend regulations to allow senior housing/assisted living in the Professional Office (PO) zone4
• Adopt an ordinance addressing historic preservation
HOUSEKEEPING CODE AMENDMENTS
These are amendments that may be necessary at any time of the year to ensure the implementation of existing code
language and may rise to a high priority.
This is part of the 2015 Major Update of Development Regulations, which is expected to continue into 2015.
2 Currently Group Homes Type III, which are intended to provide housing for individuals with violent and sexually violent criminal backgrounds, is
not allowed outright in the city. We need to amend our codes per RCW 9.94A.8445 and RCW 36.70A.200 to allow for their location. On September
3, 2013, the City Council enacted a six -month moratorium on their siting. On October 15, 2013, the Council added it to the 2013 Planning
Commission Work Program as a high priority.
3 State law has been amended to allow for increasing the flexible thresholds that local governments may adopt to exempt minor new construction
gjects from SEPA review.
This is already part of the on -going work program and will be started once the applicant for a senior housing project in the PO zone is ready to move
forward. 30
KA2014 Planning Commission Work Program\LUTC\F.xHIBrr B.doc