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LUTC PKT 05-19-1997 ~ City of Federal Way City Council Land Use/Transportation Comoùttcc May 19, 1997 5:30 pm City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. BUSINESS ITEMS A. Downtown Parking (a code amendment) Action Largen/20 min B. Award of 1997 Asphalt Overlay Contract Action Miller/ 10 min c. Approve 1997 Sidewalk Replacement List/ Authorize to Bid Action Miller/1O min D. South 356th Regional Surfacewater Facility Action Prattl1O min E. Renewal of HEX Professional Services Contract Action Wang/1O min 5. OTHER ITEMS 6. FUTURE MEETINGS/AGENDAS 7. ADJOURN Committee Members: Phil Watkins, Chair Ron Gintz Mary Gates City Staff: Greg Moore, Director, Community Development Services Sandy Lyle, Administrative Assistant 661-4116 I: \LU- TRANS\MA Y19LUT .AGN City of Federal Way City Council Land Use/Tr~lßSI)ort',ntiol1 Coll1miUcc Committee of the Whole May 5,,1997 5:30pm City' Hall Council Chambë~S , " SUMMARY In attendance: Committee members Phil Watkins (Chair), Ron Gintz and Mary Gates; Mayor Skip Priest; Council members Hope Elder and Michael Park; City Manager Ken Nyberg; Director of Community Development Services Greg Moore; Public Works Director Cary Roe; City Attorney Londi Lindell; Assistant City Attorney Bob Sterbank; Street Systems Manager Ken Miller; Senior Planner Lori Michaelson; Associate Planner Jim Harris; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at S:30 pm by Chairman Phil Watkins. 2. AFPROV AL OF MINUTES The minutes of the April 21,1997, meeting were approved as presented. 3. PUBLIC COMMENT Charles Connon, a resident of the Bellacarino Woods area, spoke about his concerns that the official meeting summary from the AprilS, 1997, Land Use/Transportation Committee meeting did not accurately reflect the comments made at that meeting. He feels that the taxpayers will ultimately pay for improvements to surface water problems in the Bellacarino area that the developer caused and should pay to repair. 4. BUSINESS ITEMS B. Cellular Towers - Following a brief staff presentation about cellular towers, a moratorium of 120 days was mIs/c (Priest moved, Gintz seconded, unanimous vote) on wireless communications facilities. In 1990, when current codes were adopted, cell phone technology as it is known today did not exist. The Counèil felt that having spent time and resources undergrounding utility wires and developing a strong sign code, it did not make sense for cellular towers to proliferate. The intent of the moratorium was not to prevent future cellular facilities but to allow developers, property owners and officials to communicate and develop guidelines and regulations on siting, placement, screening, camouflaging, collocation and removal of cellular towers. A public hearing will be held within sixty days to obtain input on the moratorium. Afterwards, the City Council will adopt findings of fact to either justify continuing or canceling the moratorium. No new applications for cellular towers will be accepted during the moratorium. There are exceptions to the moratorium which include: personal wireless facilities such as residential television satellite systems; emergency wireless communication facilities; collocation on existing facilities; location on Bonneville Power lines; smaller "whip" antennas. Staff will finalize language of the moratorium resolution. The vote on the motion was as follows: Gates Elder Dovey Gintz yes yes absent yes Park Priest Watkins yes yes yes A. Granville PreliminSlQ' Plat - Granville Place is a seven lot single family residential subdivision subject to Process III approval under the 1990 Subdivision Code. The Committee raised concerns about potential surface water problems such as those encountered recently in the Bellacarino Woods subdivision. It was noted that this project is a development under Federal Way codes and not vested to any King County codes. The Committee mIs/c approval of recommendation to Council at their May 20, 1997, meeting of Granville Place pursuant to the Hearing Examiner's recommendations. C. South 356th Street Re~onal Surfacewater Facility - Pulled from the agenda at the meeting due to incomplete contractor documents. D. 21st Avenue SW at SW 325th Sip1 Project - Staff is currently working on acquiring two parcels for the 21st Avenue SWat SW 325th Place Traffic Signal and Intersection Improvement Project. The design phase has been completed. This project will install a new traffic signal at SW 325th Place, a turn lane at SW 326th Street, a turn lane at SW 328th Street, street lighting, utility relocation, and installation of a signal interconnect from SW 32Oth Street to SW 336th Street. Bidding of the project will take place in June, 1997. Project costs exceed original estimates by $259,000. There is approximately $150,000 in saving from completed bond projects that could be transferred to this project. Staff also recommends that $55,000 be transferred from the unencumbered funds in the traffic interconnect account and $54,000 from the unencumbered street bond issue funds. The Committee mIs/c recommendation of approval to Council the final design of the 21stl325th Intersection Improvement Project, the transfer of funds and autho~on to bid the project at the May 6, 1997, meeting. E. SW Dash Point Road and 21st Avenue SW Traffic SiVla1 - The Committee mIs/c the recommendation to Council to approve the final design and authorization to bid the SW Dash Point Road at 21st Avenue SW Traffic Signal and Intersection Improvement Project at its May 6, 1997, meeting. This project will install a traffic signal to allow left turns, provide a signalized driveway into Lakota Park, improve the right hand turn lane onto Dash Point Road, install street lighting, and improve sight distance. Right of Way acquisition will be presented to the Council in Executive Session when complete. F. SW 336th from 21st Avenue SW I~vements - The design for the SW 336th Street Improvement Project is complete. This project, the last of the 1997 bond issue projects, will widen the road from three to five lanes, install 12-foot wide sidewalks, street trees, improved lighting, traffic signal revisions, access control, and resolve the street flooding problems during heavy rains. Staff is currently completing the Storm Drainage Easements and Right of Entry to complete the project. The Committee mIs/c recommendation of approval to Council of the final design and authorization to bid the SW 336th Street Improvement Project at the May 6, 1997, meeting. 5. OTHER ITEMS 6. FUTURE MEETINGS/AGENDAS The next meeting will be May 19, 1997. 7. ADJOURN The meeting was adjourned at 6:40 pm . I:\LU- TRANS\MA YSLUT.SUM M~O FROM: city Council Land Use Committee Kathy McClung, Deputy Director CDS~ TO: DATE: May 12, 1997 RE: Downtown Parking The Federal Way Comprehensive Plan sets several policies to implement a denser downtown. One way is through different parking strategies. The proposed changes encourage structured parking, increase compact stall ratios, shared parking criteria, and the ability to increase or decrease stalls based on certain criteria. Attached are the following: 1. Planning Commission Recommendation and Findings 2. Staff report prepared by Don Largen of McConnell/Burke, Inc. 3. Draft Ordinance with suggested code language .' CITY OF FEDERAL WAY Planning Commission DATE: APRIL 15, 1997 CITY COUNCIL TO: FROM: ROBERT VAUGHAN, CHAIR PLANNING COMMISSION RECOMMENDATION - DOVVNTOVVN PARKING SUBJECT: --------------------------------------------------------------------- I. BACKGROUND One of the code amendments identified for the 1997 Planning Commission work program is to review parking requirements in the downtown area and make recommendations to implement the Federal Way Comprehensive Plan for a more dense downtown. II. PLANNING COMMISSION PROCESS The Planning Commission conducted a public hearing on downtown parking on March . 19, and April 2, 1997. The only public testimony given was from representatives of the SeaTac Mall. City staff has made the modifications requested by the Planning Commission and has indicated text to be removed from the FWCC by using Strilœ Outs and indicating added text by using underlining. This allows the Council to easily distinguish the changes being recommended by the Planning Commission. The revised FWCC chapters are attached to this document in the form of a draft ordinance. III. SUMMARY OF CHANGES The following list summarizes the major code amendments reviewed and approved by the Commission during this code revision process. A. Increase the compact stall ratio from 25% up to 40% and require the compact stalls to be dispersed throughout the site. B. Establish the parking stall requirement for office uses in the downtown from 1 stall for every 300 square feet of gross floor area (GFA) to 1 for every 400 square feet of 1 GFA. Establish the stall requirement for retail uses from 1 stall for every 300 square feet of gross floor area to 1 stall for every 350 GFA. C. Establish the ability for property owners to reduce on-site parking on a one to one basis if they contribute to the city to fund on-street parking and the streets adjacent to the site are classified to allow on-street parking. D. Establish the ability for property owners to reduce their on-site parking by 20% by providing documentaion of a traffic demand management plan. This is directed at large employers. E. Structured parking in the downtown should be encouraged by allowing an increase in height or up to a 20% reduction or 20% increase in parking if structured parking is provided. F. Shared parking in the downtown area should be permitted when there is not conflict in the peak hours of parking demand, there are pedestrain facilities provided, no building is more than 500 feet from the most remote parking, no more than 20% of required parking may be reduced, and a written agreement is filed by all parties. IV. PLANNING COMMISSION FINDINGS & RECOMMENDATIONS The Planning Commission bases its recommendation of adoption of the proposed amendments to the FWCC to implement the Federal Way Comprehensive Plan on the . following findings: 1. Whereas, the Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the state's Growth Management Act; and 2. Whereas, the City of Federal Way's Comprehensive Plan contains policies that call for the reduction of parking in the city center, encouragement of structured parking and shared parking in order to intensify the downtown development and reduce surface parking. (Policies CCG20, CCP41, CCP42, CCP43, and CCP47); and 3. Further study of the downtown parking may be warranted when the transit service is further improved and serves the region more effectively; and 4. Whereas, the proposed code amendments would not adversely affect the public health, safety or welfare. ~¿¿~ Robert Vaughan, Chair Federal Way Planning Commission 2 .. oJ, -,~ DATE APPLICANT PROPOSED ACTION STAFF REPRESENTATIVE STAFF RECOMMENDATION I. INTRODUCTION CITY OF FEDERAL WAY Planning Commission March 12, 1997 City of Federal Way Text Amendments to Chapter 22, Article XV of Federal Way City Code (City Center Parking) Don Largen, AICP Planning Consultant McConnelVBurke, Inc. Staff recommends that the Planning Commission use the attached working draft of the City Center Parking Standards as basis upon which the Commission develops a recommendation of proposed City Center parking amendments for City Council consideration. A number of code revisions have been identified and prioritized by the City Council for completion during 1997. One of these items is an analysis of the City Center parking situation and a recommendation for code revisions to be consistent with the goals and polices of the City of Federal Way Comprehensive Plan. This study began on February 25, 1997. The City is proposing text amendments to Chapter 22 (zoning code) Article XV of the FWCC. The proposed amendments are related to the City Center parking requirements. The amendments are intended to address areas of implementation contained in the Comprehensive Plan. Specific issues are discussed in Section III below. II. PROCESS The work program for the City Center Parking Study included the following goals: analyze and modify, if necessary, the number of required parking spaces and the ratio RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT 1 MAR 2 It 1997 .- '. of allowable compact to total parking stalls; encourage parking structures; and encourage shared parking. The first step in this study was to review existing background data and studies and analyze the current City regulations to see which sections might be amended to meet the goals of the work program. Included in this step was an inventory of the current parking situation in the area. Public works provided acreage numbers for the amount of "paved area" in the core and in the frame. Aerial photos and a field survey provided an approximate number of parking spaces within the core and frame. The second step was to research local and national trends in city center parking stall requirements. An analysis was done using Washington State and national zoning codes and numerous documents dealing specifically with parking published by the American Planning Association. This research forms the basis for many of the options presented in section III. The third step was to research national and local car sizes and buying trends as they relate to the 25 percent compact car parking allowance contained in Sec. 22-1442. In addition, a number of codes form similarly sized cities were analyzed to see how other municipalities allow for compact cars. The range for allowable compact spaces appears to be from 25 percent to 50 percent. The fourth step was to analyze the current and future barriers to building parking structures. Studies were examined that dealt specifically with problems associated with building structures without the aid of some type of bonus or incentive. The general research and analysis regarding parking structures and the interviewing of key individuals done specific to Federal Way provided the basis for the options for encouraging parking structures presented in section" I. The final step in this study was to examine the current regulations and draft recommended amendments to implement the staff recommendations presented in the following sections. III. ISSUE IDENTIFICATION I ALTERNATIVE ANALYSIS The 1995 City of Federal Way Comprehensive Plan contains a chapter dedicated to the City Center. Goal CCG20 of this chapter aims to reduce demand for parking in the City Center. Included with this goal are seven policies. Strategies to implement three of these policies are presented in this section. The remaining three polices will require further study and are presented in section IV. The issues included in this section are as follows: . Reduce Parking Requirements . Encourage Parking Structures 2 . Encourage Shared Parking ',- Clearly the intent of altering parking requirements and parking facilities is to free-up land that is currently used for on-site surface parking in order to reduce the land requirements for individual uses within the City Center. Over time this should contribute to the City's goal of encouraging more intensive City Center development, creating a more pedestrian oriented 'downtown' area. A. Reduce Parking Requirements Policy CCP41 aims to reduce the number of parking stalls required for City Center development in comparison to other areas of the City in order to encourage more intensive development and reflect the improvements in local aDd regional transit service. The number of required stalls is related to the overall demand for parking, which in turn is a function of land use type and the availability of other transportation options. Some of the literature reviewed suggests that on average parking supply exceeds demand in the Puget Sound Region by up to 30%. Policy CCP46 aims to allow on-street parking to create a buffer between pedestrian and traffic depending on street characteristics and its role within the City Center. Providing on-street parking could be credited towards a project's parking requirement. The effect of using on-street parking as part of the parking requirement would be a net reduction in the amount of parking to be provided on-site by a given project. .. Part of the City's parking provisions is a requirement to provide compact parking stalls at a ratio of 25 percent. Compact car parking requires less square footage of actual parking space and less aisle width. Obviously, increasing the ratio for compact stalls will reduce the amount of overall space devoted to parking. There is a curious lack of specific information concerning consumer car purchases relative to vehicle size. Country-wide statistics from the American Automobile Manufacturers Association suggest that small and mid-sized cars command approximately 75% of the current market. A small telephone survey of local auto dealers supports this conclusion. Currently, the 209 acre Core area contains approximately 10,150 parking spaces that encompass 95.3 acres of paved area for an average of 409 square feet per parking space. The 205 acre Frame area contains approximately 7,150 parking spàces that cover 79.3 acres of paved area for an average of 482 square feet per space. 3 r ) ':; " I. 1. Options . ~" Below are several options for reducing the amount of parking required in the City Center area. a) Increase the percentage of allowable compact car parking. Currently, FWCC Sec. 22-1442 allows up to 25 percent of the number of required spaces be sized for compact cars. Staff has analyzed trends related to the size of automobiles sold in the United States and has examined the ordinances of other similarly sized city centers. It appears that percentages range from 25 to 50 percent, with a majority occurring between 35 and 50 percent. b) . The number of required parking stalls for certain uses in the City Center Core (CC-C) and Frame (CC-F) zone could be reduced to better reflect the long-term vision for the core, its unique features and building densities and its proximity to local and regional transit service. c) On-street parking could be counted as part of the parking supply in the City Center. This would be based on the classification of the street and would be decided on a case by case basis. This is clearly a limited option since there is a finite amount of linear footage available on existing streets. d) For businesses a reduction of somewhere between 20 and 40 percent of the required number of parking spaces could be allowed by the planning director based on the provision of alternative programs aimed at the reduction of employee off-street parking demand for the building or use. These Transportation demand management options which could be considered by the planning director include, but are not limited to the following: (i) (ii) (iii) (iv) (v) (vi) Private vanpool operation; Transit/vanpool fare subsidy; Preferential parking for carpools/vanpools Flexible work-hour schedule; Participation in a ride-matching program; or Bicycle parking facilities. e) Set a maximum of allowable spaces that could be constructed. This maximum can simply be a percentage above and beyond the minimum amount of required parking spaces. 4 2. Staff Recommendation 00 Staff recommends that a combination of the above options be implemented. They are as follows: A. Reduce the current FWCC CC-C and CC-F zone parking standards for the following uses: (i) Office use: currently 1 space is required for every 300 square feet of gross floor area. Reduce this requirement to 1 space for every 400 square feet of gro,s floor area. Retail use: currently 1 space is required for every 300 square fe~t of gross floor area for retail uses and is determined on a case by case basis for retail establishments providing entertainment, recreation or cultural activities. Reduce the base requirement to 1 space for every 350 square feet of gross floor area. (ii) 0, B. Uses in the CC-C and CC-F zones may develop parking up to the following maximums: (i) 10% above the base minimum for projects requiring 100 parking spaces or less. 5% above the base minimum for projects requiring greater than 100 parking spaces. (ii) C. Increase the percentage of required compact parking spaces from 25% to 40% for lots having greater than 20 stalls. A dispersion standard should also be instituted to ensure compactlfull size stalls are not all located in the same area. D. Where a project is adjacent to a public street right-of-way, and the street is classified to allow on-street parking, a project proponent may satisfy their parking requirement on a 1 for 1 basis by making a one-time contribution to a City fund established strictly for the development of on-street parking. The amount of the contribution will be based on a per stall cost established by the City. E. Allow up to a 20% reduction in the number required parking spaces upon documentation of a traffic demand management plan. t' 3. Analysis Currently, the City Center (Frame and Core) is dominated by on-site surface parking. The City Center contains approximately 17,300 surface parking spaces. Studies suggest that this represents an over supply. As improvements to the transit system and shifts in consumer trends occur, the demand for parking should also change. No one regulatory approach by itself is going to provide both the desired goal of parking reduction and design flexibility. The recommended parking requirements for the City Center are intended to 5 ,. reflect future changes in parking utilization by offering a combination of regulatory reductions in the required amount of parking. B. Encourage Parking Structures Policy CCP42 aims to encourage public and private parking structures, below and above ground, in the core area. The City may wish to consider a public private partnership to develop structured parking in the downtown commercial core area. However, there is the question as to whether the City wants to be involved in the actual development of parking structures or to rely on substantial incentives to induce the market to provide structured parking. Barriers to the construction of structured parking are primarily regulatory and market driven. The costs associated with developing parking structures can be pfohibitive. Building aboveground parking is substantially less expensive than underground parking. Above ground structured parking costs on average approximately $9,900 per space, compared to $13,400 for underground parking. Studies suggest that structured parking generally makes economic sense when land costs are more than $20 per square foot. In Federal Way there do not appear to be regulatory barriers as such since parking structures are an allowed use in the City Center. However, there are also no real incentives in place to encourage their development. Policy CCP43 aims to encourage the provision of parking structures through the use of bonuses and incentives. These can include such things as increased floor areas, increased building heights, and reduced parking requirements, to name a few. Bellevue has successfully used floor area bonuses to induce underground and structured parking in their downtown area. Floor area and height bonuses can oft-set some of the cost of providing structured parking since the developer gains additionalleaseable floor space. 1. Options Below are several options for encouraging or requiring the development of underground and/or structured parking in the City Center. a) Developers could pay a fee to the City in lieu of providing parking. The pooled fees would be used by the City to construct parking structures. Municipal bonds could. be issued to fund the development of parking structures. b) c) A special assessment tax on real property in the City Center could be established as a method to obtain revenues from the beneficiaries of publicly owned parking structures. 6 d) The City could reduce the minimum parking requirements by a pre- determined percentage if structured parking was used instead of surface parking. -. e) The maximum allowable building height in the City Center could be increased under specific conditions; e.g. the maximum height could be increased if structured or underground parking was integrated into the building design. f) The maximum amount of lot coverage could be increased if structured parking were included within the building design. A floor area bonus could be used whereby some percentage of additional leaseable floor space would be allowed for every square foot of underground or structured parking provided. g) h) The City could simply set a mandatory percent of required parking spaces that would have to be built either underground or in a structure. 2. Staff Recommendation It is recommended that a combination of options 'd' through 'g' be used to. encourage structured parking in the City Center. Specific provisions are as follows: ':. ,~ ,'i :? ,) , A. Provide floor area bonuses for structured parking at the following ratios: (i) Underground parking: 4 - square feet of additional floor space for every 'L~quare foot of below grade parking. (ii) Stacked Parking: ~quare feet of additional floor space for every 1 square foot of stacked parking. B. Allow height increases for structures containing parking up to ~175' maximum for all uses in the CC-C zone, and up to a 100:: maximUm fn the CC-F zone. ' C. Allow up to a 20~ reduction in the number of required parking stallš for projects that 'Drovide structured parking. D. Allow for a 50% increase in lot coverage for projects that contain parking within the primary structure. 3. . Analysis These recommendations assume that the City would rather not get into the business of developing structured parking and should rely on incentives. For that reason options 'a' through Ie' are not recommended. Similarly, option 'hi is also not recommended at thi~ time, but if the incentive ~pproach does not 7 .. "^ ¡:t ., produce the type of development the City envisions for the City Center, then mandatory structured parking provisions may be necessary. c. These recommendations also assume a review and revision of several other provisions of the zoning code. These are discussed briefly in section IV of this report. Encourage Shared Parking Policy CCP47 aims to encourage shared parking between uses to maximize the use of available parking within the City Center. By fully utilizing the opportunity for shared parking areas, the supply of land may increase in the City Center by reducing the total number of parking spaces. The success of a shared parking scheme will ultimately depend on the mix of lånd uses in the City Center. In particular shared parking will work when there is a substantially different peak hour demand between the uses sharing the facility. ,~ 1. Options Currently, FWCC Sec. 22-1422 provides the opportunity for shared parking facilities. Two or more businesses or uses may share parking areas, provided that the number of spaces in shared parking areas contains at least 90 percent of the parking spaces required for all businesses or uses that are open or generating parking demands at the same time. To increase the use of this provision, code amendments can be made to provide more opportunities for multiple businesses to share parking. a) A revised procedure for shared parking could be implemented Shared parking facilities within the boundaries of the City Center may be granted up to a 20 percent parking reduction for uses with significantly different peak hours of operation. b) Do not amend the current provisions for shared parking contained in FWCC Sec. 22-1422. 2. Recommendation Staff recommends that option 'al be implemented. Requests for shared parking must meet the following requirements: ~ A parking demand study will be prepared by a professional traffic engineer and shall be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand for the uses for which joint use is proposed. 8 . : (ii) (iii) (iv) (v) The shared parking facilities and buildings which they serve are-connected .with imDroveQ. pedestrian facilities and no buildin~ or use involved is more than 500 feet from the most remote parking facility. The maximum distance shall be measured from the closest portion of the parking facility to the nearest building entrance that the parking area serves. The number of parking stalls which may be credited against the requirements of the structures or uses involved shall not exceed the number of stalls reasonably anticipated to be available during differing hours of operation. A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of the number of stalls designed for joint use. The provision for a 20 percent maximum parking requirement reduction is suggested as an administrative guideline. The planning director shall ultimately determine the size of the parking reduction. IV. OTHER ISSUES The following issues are related to the issues presented in section III, however, these issues will require additional study to formulate specific code amendments for implementation. A. Landscaping Buffer Requirements Policy CCP44 aims to buffer parking areas to increase compatibility between surrounding uses. These provisions should be revisited to ensure the landscaping requirements, particularly buffer widths, are not in conflict with the goal of establishing a dense urban center. Open Space Bonuses B. Currently, in both the CC-C and CC-F zones an increase in building heights is offered as a bonus for providing open space. This also may be in conflict with the goal of creating a dense city center. Height bonuses might be more appropriately applied to the provision of structured parking. Design Standards for Parking Structures .. c. Parking structures can offer great relief for a constrained land supply in a city center, however, careful attention must be given to the visual and locational impacts of these new buildings. If parking structures are to be encouraged, an analysis of the impact of these new buildings on the City Center must be undertaken. Once such a review is done, design guidelines should be implemented to make sure that the appearance, size, scale and bulk of the parking structures are compatible with the City Center vision. The City could 9 !- . I' require such things as street-level retail space, staggered setbacks to soften the impact parking structures at street level and architectural compatibility between parking structures and the buildings they serve. D. Allowed Land Uses in the CC-C and CC-F zones The current allowable land uses in the City Center Core and City Center Frame should be reviewed to see how they could be revised to best reflect the long- term vision of the Federal Way Comprehensive Plan. E. Lot Coverage At present, there are no set lot coverage requirements established for the City Center area. Lot coverage is derived through other requirements such as I~ndscaping and parking buffers. The City may wish to establish base lot coverage requirements for the different uses and then allow increases over the base coverage as an incentive to providing structured parking. v. CONCLUSIONS The recommendations contained in Section III should be viewed as a package of incentives and options that can be used together. This report is intended to provide a starting point for the Planning Commission's review of these issues. Our review concludes that the current parking codes for Federal Way have produced an over supply of surface parking. Consumer tastes in vehicles have changed and the typical small versus large car viewpoint may no longer be valid. Mini-vans, sport/utility vehicles, and the advent of the 'mid-sized' car all suggest that different parking requirements and dimensional standards may be appropriate. Conversations with local developers suggests that the primary incentive to providing structured or underground would be increases in floor areas, height, and lot coverage. In order to fully utilize these types of incentives, other portions of the City's code structure may need to be amended as discussed in section IV. 10 " IIC; IC) LíD\ rs ~? U LJU f-J U U ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, PERTAINING TO LAND USE AND ZONING, ADOPTING NEW REGULATIONS FOR PARKING IN THE CITY CENTER CORE AND FRAME AS CALLED FOR IN THE CITY'S COMPREHENSIVE PLAN. A. The Federal Way Comprehensive Plan has goals and policies that address parking in the downtown area including 1) CCG20- Reduce the demand for parking, 2) CCP41- Reduce the number of parking stalls to encourage more intensive development in the downtown, 3) CCP42- encourage public and private parking structures, 4) CCP43- The city shall encourage structured parking through bonuses 5) CCP47- The City shall . encourage shared parking; and B. Amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Sections 22-216 and 22-217 pursuant to Process IV review; and C. The Federal Way City Council has considered a proposed change to the FWCC regarding the percentage increase of compact parking stall, establishing parking stall requirements for retail and office uses in the downtown, establish a method for I property owners to reduce on-site parking through a contribution to on-street parking, reduction of on-site parking through a traffic demand management plan, encourage structured parking through height bonuses, further encourage shared parking; and ORD# , PAGE 1 D. The Federal Way City Council, pursuant to FWCC 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission for its review and recommendation; and E. The City of Federal Way SEPA responsible official has determined that the proposed amendments are procedural in nature and categorically exempt from SEPA as authorized by WAC 197-11-800(20); and F. The public was given opportunities to comment on the Proposal during the Planning Commission review; and G. The Federal Way Planning Commission, having considered the Proposal at public hearings during 1997 on March 19 and April 2 pursuant to FWCC Section 22- 523, and all public notices having been duly given pursuant to FWCC Section 22-521; and H. Following the public hearings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments affecting various sections of the FWCC as noted previously; and I. The Federal Way Land Use and Transportation City Council Committee met on April 21, 1997 to consider.the recommendation of the Planning Commission and has moved to forward the Proposal, with amendments, to the full City Council; and J. There was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, ORD# , PAGE 2 THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. FindinQs. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the state's Growth Management Act; and 2. The Federal Way Comprehensive Plan contains policies that call for the reduction of parking in the city center, encouragement of structured parking and shared parking in order to intensify the downtown development and reduce surface parking in policies CCG20, CCP41, CCP42, CCP43 and CCP47; and 3. The Federal Way SErA responsible official has determined that the . proposed amendments are procedural in nature and categorically exempt from SErA as authorized by WAC 197-11-800(20); and 4. The proposed code amendments would not adversely affect the public health, safety or welfare; and 5. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held work sessions and public hearings on the proposed regulatory amendments and has considered the testimony, written comments, and material from the public by and through said hearings; and ORD# , PAGE 3 Section 2. Conclusions. Pursuant to FWCC Section 22-217 and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: 1. The Proposal is consistent with the following Comprehensive Plan goals and policies: A. CCG20-Reduce demand for parking in the City Center. B. CCP41- Reduce requirements for the number of parking stalls required for City Center development in comparison to other areas of the City to encourage more intensive development and reflect the improvements in local and regional transit service. Increases above the required number of stalls may be allowed, on a case by case basis, when structured or underground parking is provided. C. CCP42 - Encourage public and private parking structures (below or above ground) in the core area. Consider a public private partnership to develop structured parking in the downtown commercial core area. D. CCP43 - The City will encourage the provision of structured parking through the use of bonuses and incentives. E. CCP47 - Encourage shared parking between uses to maximize the use of available parking within the City Center. I PAGE 4 ORD# 2. The Proposal bears a substantial relationship to the public health, safety and welfare because it implements the policy of intensifying the downtown area which city-wide reduces sprawl. Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A which is attached and by this reference is incorporated herein. Section 4. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five {5} days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,1995. CITY OF FEDERAL WAY MAYOR, MAHLON S. PRIEST ATTEST: ORD# , PAGE 5 CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD# , PAGE 6 " ATTACHMENT A ARTICLE I. IN GENERAL Sec. 22-1. Definitions. * * * * Structure shall mean anything which is built or constructed, an edicfice or building of any kind or any piece of work .artificially built up or composed of parts' joined together in sòme definite manner. structural alterations shall mean any change in the supporting member of a building or structure. Structured parkinç shall mean parkina Drovided on more than one level and within " a structure. either above- or below-grade. structured parking shall not include a surface parking lot. * * * * ARTICLE XV. OFFSTREET PARKING* ---------- *Cross reference(s)--Traffic and vehicle regulations, 15;" requirements for conformance of nonconforming parking, 334; supplementary district regulations regarding vehicles boats, § 22-1176 et seq.; yard requirements for driveways, parking areas, fences, structure protruding beyond exterior walls of a structure, retaining walls, walkways, and certain other improvements or structures, § 22-1133; vehicular access easement improvements required, § 22-1496 et seq.; landscape re~irements, § 22-1561 et seq. ch. § 22- and ---------- DIVISION 1. GENERALLY Sec. 22-1376. Exception in the city center CC zone. If ~ the provisions of this article (other than Section 22-1377) conflict with the provisions of section 22-791 et seq. regarding properties in the city center (~CC") zone, the provisions of section 22-791 et seq. will be followed. In the event of a confljct. all ~ provisions of this article that do not conflict with section 22-791 et seq. apply to properties in the city cellter CC zone. (Ord. No. 90-43, § 2(105.10), 2-27-90) Sec. 22-1377. Number of spaces--Mïnimum. (a) Generally. Except as provided in subsection @ below, the number of parking spaces required by Sections 22-596 - 22-871 for any particular use is the minimum number of parking spaces required for that use, and the applicant shall provide at least that number of spaces. (b) Guest parking for residential uses. For residential uses, the city may require guest parking spaces in excess of the required parking spaces, if there is inadequate guest parking on the subject property. (Ord. No. 90-43, § 2(105.15), 2-27-90) @ Exc~tions. The number of parking spaces reqpired by this Code for a particular use may be reduced only when the use for which the parking is reqpired: 1. Provides shared parking in accordance with Section 22-1422: 2. Provides structured parking in accordance with Section 22- 1425: 3. Is located in the CC-C or CC-F zones and is accompanied by a traffic demand management plan which, as a condition of project approval. the applicant shall implement. In such an instance. the Director may approve reduction of the reqpired number of parking spaces by l1pto 20%. Transpo'rtation demand management options which can be considered by the Director include. but are not limited to, the following: (I) Private vanpool oDeration: (ii) Transit/vanpool fare subsidy: (iii) Preferential parkina for ca~ools/vanpools: (iv) Flexible work-hour schedule: (v) Participation in a ride-matching program: or (vi) Bicycle parking facilities: 4. Is located in the CC-C or CC-F zones. is adjacent to a public street right of way classified to allow on-street parking and the applicant makes a one-time contribution to a City fund established strictly to fund development of on-street parking. The amount of the contribution will be based on a per stall cost established by the city. and the reqpired number of stalls may be reduced on a 1 for 1 basis according to the amount of the contribution paid. Sec. 22-1378. Same--Not specified in use zones.. If this chapter does not specify a parking space requirement for a particular use in a particular zone, the director of community development shall determine a parking requirement on a case by case basis. The director of community development shall base this determination on the actual parking demand on existing uses similar to the proposed use. (Ord. No. 90-43, § 2(105.20), 2-27-90) Sec. 22-1379. Same--Fractions. If the formula for determining the minimum and maximum number of parking spaces results in a fraction, that fraction will be rounded up to the next higher whole number. (Ord. No. 90-43, § 2(105.25), 2-27-90) Sec. 22-1380. Bonds. The city may require or permit a bond under section 22-146 et seq. to ensure compliance with any of the requirements of this article. (Ord. No. 90-43, § 2(105.120), 2-27-90) Bonds, § 22-146 et seq. Sees. 22-1381--22-1395. Reserved. DIVISION 2. MODIFICATIONS* ---------- *Cross reference(s)--Administration, ch. 2. ---------- Sec. 22-1396. Generally. The provisions of this division establish the circumstances and procedure under which the requirements of this article may be modified, either at the request of the appellant or at the initiation of the city. (Ord. No. 90-43, § 2(105.115(1», 2-27-90) Sec. 22-1397. Authority to grant. (a) If the proposed development or use of or on the subject property requires approval through process I, II, or III, any proposed modification will be considered as part of that process using the criteria of this division. (b) If subsection (a) of this section does not apply, the director of community development may grant or require a modification in writing under the provisions of this section. The decision of the director to require,. grant or deny a modification under this division may be appealed using the appeal procedures of process I. (Ord. No. 90-43, § 2 (105.115 (2) (a), (bU, 2-27-90) Cross reference(s)--Process I review procedure, § 22-386 et seq.i process II review procedure, § 22-431 et seq.i process III review procedure, § 22-476 et seq. Sec. 22-1398. Criteria. The city may grant or require a modification to the provisions of this article if the city determines, based on the submitted plans and/or other information that the following criteria have been met for modifications to the applicable sections: (1 ) The parking area design provisions of sections 22- 1441(b) and 22-1452 may be modified if: a. The modification will not create any vehicular or pedestrian safety problems; b. The modifications will not affect the ability to provide any property with police, fire, emergency medical and other essential services; and c. One of the following requirements is met: 1. The modification is necessary because of a preexisting physical condition; or 2. The modification will produce a site design superior to that which would result from adherence to the adopted standard. (2) A decrease in the required number of parking spaces under section 22-1377 may be permitted if a thorough parking study documents that a fewer parking spaces will be adequate to fully serve the uses. An increase in the number of parking spaces permitted under section 22-1377 may be permitted if a thorough parking study documents that the consistent or frequently recurring parking needs of the use exceed the permitted number of spaces. (Ord. No. 90-43, § 2(105.115(3», 2-27-90) Sec. 22-1399. Parking area requirements. The parking area location requirements oof section 22-1421 may be modified if: (1 ) (2) (3) The proposed parking area will have no adverse impacts on adjacent properties; It is reasonable to expect that the proposed parking area will be used by the employees, patrons and others coming to the subject property; and A safe pedestrian and/or shuttle connection exists, or will be created at the time of occupancy, between the subject property and the proposed parking area. (Ord. No. 90-43, § 2 (105.115 (2) (c», 2-27-90) Sec. 22-1400. Landscape requirements. The landscape requirements of section 22-1444 may be modified if: (1 ) (2) The modification will produce a landscaping design in the parking area comparable or superior to that which would result from adherence to the adopted standard; or The modification will result in increased retention of significant natural vegetation. (Ord. No. 90-43, § 2(105.115(2) (d)), 2-27-90) seq. Cross reference(s)--Landscape requirements, § 22-1561 et Sec. 22-1401. Curb and sidewalk requirements. The curb and sidewalk requirements of section 22-1445 may be modified if: (1 ) The modification will result in superior landscaping and/or increased retention of significant natural vegetation; (2) (3) The modification will not result in ~ncreased hazards for pedestrians or vehicles; and The modification will not result in increased erosion of unpaved areas onto the parking area, driveway or streets. (Ord. No. 90-43, § 2(105.115(2) (e», 2-27-90) Sec. 22-1402. Buffer requirements. if: The buffer requirements of section 22-1446 may be modified (1 ) (2) (3) The existing topography of or adjacent to the subject property decreases or eliminates the need for visual screening; The modification will be of more benefit to the adjoining property by causing less impairment of view or sunlight; or The modification will provide a visual screen that is comparable or superior to the buffer required by section 22-1446. (Ord. No. 90-43, § 2 (105.115 (2) (f) ), 2-27-90) Sec. 22-1403. Surface material. The surface material requirements of section 22-1453, may be modified if: (1) (2) (3) (4) The surfacing material will not enter into the drainage system, or onto public or other private property; The surfacing material will provide a parking surface which is usable on a year-round basis; Use of the surfacing material will not result in dust or deterioration of air quality; and Runoff from the parking area will not degrade water quality. . (Ord. No. 90-43, § 2(105.115(2) (g», 2-27-90) Secs. 22-1404--22-1420. Reserved. DIVISION 3. LOCATION OF PARKING AREAS* ---------- *Cross reference(s)--Traffic and vehicles, ch. 15. ---------- Sec. 22-1421. Generally. (a) Unless otherwise specified in this èhapter, the applicant shall provide the required number of parking spaces either: On the subject property; or (U (2) On a lot adjoining the subject property, if that lot is in a zone that permits the use conducted on the subject property. (b) If the parking is located on a lot other than the lot containing the use which generates the parking space requirements, the owner of the lot containing the parking must sign a covenant or other instrument, in a form acceptable to the city attorney, requiring that the lot be devoted in whole or in part to required parking for the use on another lot. The applicant must record this statement with the county to run with all affected properties. (Ord. No. 90-43, § 2(105.30), 2-27-90) Sec. 22-1422. Shared facilities. a. Two or more businesses or uses may share parking areas. The number of parking spaces that must be provided in such a shared areas must be at least 90 percent of parking spaces required by this chapter for all such businesses or uses that are open or generating parking demands at the same time. Th~ owner of each lot must sign an agreementL in a form acceptable to the city attorney, stating that the owner's property is committed to . providing parking for the other property. This statement must be recorded ~ ~the King Ccounty Auditor, at the applicant's expense, and shall run with the properties. (Ord. No. 90-43, §2(105.35), 2-27-90) b. A request for shared parkin~ on properties located in the CC-C and CC-F zones must meet the following reqpirements: (I) The applicant must submit a parking demand study. 9repared by a professional traffic engineer. demonstrating that the peak hours of Darkinq demand for the businesses or uses which propose to share parkina will not substantially conflict: (ii) The shared Darkin~ facilities and buildin~s which they. serve shall be connected with improved pedestrian facilities and no buildinq or use involved shall be more than 500 feet from the most remote parkin~ facility. The distance between the parkinq facility and the buildin~ or use which it is to serve shall be measured from the closest portion of the parking facility to the nearest building entrance that the parkina area serves. - (iii) Notwithstandin~ subsection (a) above. a business or use located in a CC-C or CC-F zone and proposin~ to share parkin~ may reduce the number of required parkina spaces. up to a maximum of 20 percent of the number of spaces otherwise required. provided that the reduction shall not exceed the number of shared spaces reasonably anticipated to be available to the applicant durin~ the applicant's peak hours of parking demand. roptionall The provision for a 20 percent maximum parking requirement reduction is suggested as an administrative guideline only. The Plannin~ Director shall ultimately determine the size of the parking reduction. subject to the other requirements of this paragraph. (iv) A written agreement 'shall be drawn to the satisfaction. to the city Attorney and executed by all parties concerned assuring the continued availäbility of the number of stalls designed for joint use. Sec. 22-1423. Adjoining low density zones. The applicant shall locate a parking area for a use, other than a detached dwelling unit, as far as possible from any adjoining low density zone or existing permitted low density use. COrd. No. 90-43, § 2{10S.40), 2-27-90) Sec. 22-1424. Required setback yards. For regulations on parking areas in required setback yards, see section 22-1135. COrd. No. 90-43, § 2(105.45), 2-27-90) Sec. 22-1425. Structured Parkinq in the Ci~ Center Core and Frame. A. Floor area bonuses are available at the following rates to property owners in the City Center Core and Frame zones when structured parkinq is provided: (I) Underaround oarkina: 4 square feet of additional floor space for every 1 sauare foot of below arade parkina. (ii) stacked. above-9round parking: 3 square feet of additional floor space for everY 1 square foot of stacked. above-ground parking. B. The height limit for structures containing stacked. above-ground parking is a maximum of 135 feet for all uses in the CC-C zone and a maximum of 100 feet in the CC-F zone. C. Parking requirements mav be increased uo to 20% or d~creased ~ to 20% for projects providing' structured parking. Sees. 22-1426--22-1440. Reserved. DIVISION 4. PARKING AREA DESIGN Sec. 22-1441. Generally. (a) The applicant shall design parking areas in accordance with Article XIX, Community Design Guidelines. (b) The director of community development is authorized to adopt standards, specifications and requirements, consistent with the provisions of this chapter, which shall be on file in the city clerk's office, regarding the design and dimensional requirements of parking areas, driveways and related improvements. These standards, specifications and requirements shall be followed and have the full force and effect as if they were set forth in this article. (Ord. No. 90-43, § 2(105.50, 105.55), 2-27-90; Ord. No. 96-270, § 3 (D), 7-2-96) Sec. 22-1442. Compact car spaces. The applicant may develop and designate up to 25 percent of the number of parking spaces for compact cars. (Ord. No. 90-43, § 2(105.60), 2-27-90) In the CC-F and CC-C zones the applicant may designate up to 40 percent of the number of parkin~ spaces for compact stalls if the parking lot has more than 20 spaces. The compact stalls must be interspersed equally throughout the site. Sec. 22-1443. Barrier free access. 1. The applicant shall design the parking area using standards set forth in state regulations for barrier free access. Card. No. 90-43, § 2{105.65), 2-27-90) Sees. 22-1444--22-1450. Reserved. Editor's note--Ord. No. 93-170, § 6, adopted April 20, 1993, repealed former §§ 22-1444--22-1450, relative to landscape and buffering requirements of parking area designs, which derived from Ord. No. 90-43, § 2(105.70--105.90), adopted Feb. 27, 1990. Sec. 22-1451. Traffic control devices. If the parking area serves a use other than a detached dwelling unit, the applicant shall clearly delineate parking spaces, traffic directions and entrance and exit ways. The city may require other traffic control, devices necessary to ensure the safe and efficient flow of 'traffic. (Ord. No. 90-43, § 2(105.95), 2-27-90) Cross reference(s)--Traffic and vehicles, ch. 15. Sec. 22-1452. Backing onto street prohibited. A parking area that serves any use, other than one serving detached dwelling units, must be designed so that traffic need not back onto any street. (Ord. No. 90-43, § 2(105.100), 2-27-90) Sec. 22-1453. Surface materials. (a) The applicant shall surface the parking areas, driveways and other vehicular circulation areas with a material comparable or superior to the surface material of the right-of-way providing direct vehicle access to the parking area. (b) Grass grid pavers may be used 'for emergency access areas that are not used in required permanent circulation and parking areas. (Ord. No. 90-43, § 2(105.105), 2-27-90) Sec. 22-1454. Streets used in circulation pattern prohibited. A parking lot may not be designed so that a street is used as part of its circulation pattern to get from one part of the parking lot to another part of the parking lot~ (Ord. No. 90-43, § 2(105.110), 2-27-90) k:\ordin\parking.rev See. 22-802. Reserved. See. 22-803. Office use. The following uses shall be pennitted in the city center 1Ì"ame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down 10 find use. .. THEN, across for REGULATIONS MINIMUMS ~ í) Z 0 ~ § ~ '" REQUIRED YARDS '" '" ~ ~ gj~ ~I CC-F ~ ~~ ~ I USE = ~ I~ O'~ '" ~ ~ 0 ò g¡g¡ S ~ ~~ SPECIAL REGULATIONS AND NOTES '" Office use. Site plan review. None (1 (1 (1 3S' above avenøe 1 for each 3e9 1. The Citr may, using Process I. modify required y.d. beigbt, JandICIpe 8Dd buffer 8Dd otberaite design. 8Dd climemional requiIanatIs for 8 proposed development that meds the Possi.o[e Process l building elcvatioo. ~ sq. ft. of f~ critaia: See Note 1. -or- See Notes 1 & S. I!JOII 11oor L The proposed dcw:loplll<d will be consistent with the adopted OOwt-~w plan poW:ics for this 2XDe; 8Dd -. b. The proposed dcw:loplll<d will be consistent with applicable design guidcliaes; 8Dd 1(1 (1 (1 c. The aIIec:t, utilitica, 8Dd othec Ï11ftastnIctuIe in the area an: adequate 10 IU(IpOIt the proposed cIc:wlopment. 2 No &om}'lld actbaclc requiæcI if the p:md 11oor facedc fioatinc on or Wible &om the rigbt.of -way is 60% traDsp8Iat &lass 8Dd is consistent with design ItaIIdarcIs cstab1isbed Ù See Notes 1.2, S & 8. AIticIc ~ otherwise 1 (1 &om yard Idbadc required. 3. Aacmbly or JII8IIUfadure of pxIs on the subject prcpcrty is permitted oaIy if: L The assembly or IDIIÚaI:tIn is clcady acccsIOI)' 10 an a11owecIuse COIIIb:œd on the IUbject property and is cIirectly rclatad 10 8Dd dcpcDdcnt on this aI1owed use; b. The aucmb1ed or mamJfacånd pxIs an: available for purdIasc 8Dd rcmøva1 &om the aubject property and an: for sale oaIy 10 mail puIdIasas; and c. 1'hon: an: DO outward appcanoœ or impacts &om the assembly or IDIIIIIfac:ture 4. The following regulations apply 10 veterinary office only: L May oaIy tn:at small animals on the subject property; b. May DOt include outside MIS or othec outside facilities for the animals; c. The IÍleIDllt be dcsi¡p:d 10 that DOisc &om this use will DOt be audible off the subject prcpcrty based on8 catificatc 10 this effect signed by an acoustical engineer and filed with the development permit applications. S. IfanypœtionŒ"8sIructID:on1bc d>jcctpropc:rty is within 100 feet of 8 n:sidcntial2JOnC, then that portion of the IIructIn sba11 DOt C!CCCCd 30 feet above avenøe building elevation 8Dd the structure sba11 be set b8ck 8 miDimum of20 feet &om the prcpcrty liDc of the n:sidc:nlia1 ZOÐC. 6. No maximum lot covcngc is cstab[iJbcd. Instead. the buildable area will be determined by othec site dcw:lopment requirements. ie., required buffers, parking lot 1mdscaping. suñacc water facilitica, etc. 7. For community design guidcliDcs that apply 10 the project, see Article XIX. , 8. For ."""-Pi.. requircmœIs that apply 10 the ¡xoject, see Article xvn. 9. For sign requiremeDIs that apply 10 the ¡xoject, see Article xvm. 10. Refer 10 See. 22-946 ateq. 10 cIetamine what othecprovisioos of this chapter may apply 10 the subject property. I I L For othednfcrmation about parking 8Dd parking areas, see § 22-1376 a teq. Process I. n and m are described in §§ 22-386-22-411. 22-431-22-460. 22-47&-22-498 rcspcctivcIy. For details of what may C!CCCCd this height 1imit, see § 22-1046 ct teq. Site Plan Review is dcsa1òcd in §§ 22-361-22-369 For details rqarding required yards. see § 22-1131 a teq. (Oed. No. 90-43, § 2(50.50),2-27-90; Ord No. 93-170, § 7(Exh. B), 4-20-93; Oed No. 96-270, § 5,7-02-%) See. 22-792. Retail use. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: DIRECTIONS: FIRST, read down to find use . .. THEN, across for REGULATIONS MINIMUMS UJ ~ ¡:: ~ ~ ~ USE ~ ~~ '0 r> ~I:! Rd8i1 esbhli"""- selling poceries. Site pIm nMew. md rd.8Ied items; chugs 8Dd personal Poaible Proees.I L procbIs; boob; liquor; hIrdwIre, prdca. See Ncte 1. eIeœonics, sportúw goods; 8Dd re18Ied items; 01 wœb of lit (excluding bulk 1áaiJ.). Rd8i1 variety, specia\i1y, 01" cIeper1mcm ItŒes. REQUIRED YARDS !:> ~ ¡¡j II î ~ .. ~ .. S ~ g¡ (1 ~ Nœe. (1 (1 (Ø 01" lIS' See Note 1 &; 2. -or- 1(1 ( (1 See Notes 1 '" 4. Retail _ohI;- provicIiDc bIaIåns - re18Ied 1iDIacia1 smvices. Rd8i1 ~ohI;- provicIiDc Iamdry, dr) ~ beauty 8Dd bIrb«. video RI1tal 01" sboc I'ep8ir savices. PriDIing 8Dd cIuplicating services. 0Ibc£ IáaiJ. DOt specificaIJy 1isted. See Note 11. Process I. IT and m are described in §§ 22-386-22-411. 22-431-22-460. 22-476-22-498 respectively. Site Plan Review is described in §§ 22-361-22-369 I USE ZONE CHART .. f:j ~ ~; ~~ ~ ~ SPECIAL REGULATIONS AND NOTES 1 fOl" each - ~ sq. l. The City may, USÌIIg PIocc:ss I. modify required yard. beigbI, Imdscope 8Dd buffer 8Dd other IÌte design 8Dd dimensiooal requimneoIs fOl" a proposed cIevelopnaIt !bat: fl of gross flooc -. meets !be following criteria: L The proposed development will be consistent with !be adopted coo.¡.~ pIm policies fOl" this mne; 8Dd b. The proposed development will be CODSÌsteIIt with IpplicIble design guidelines; 8Dd c. The sIIeet, uIilities. 8Dd other infrutructure in !be area are adequate to supped !be proposed devdqmmt. 2. ~bei ¡ KmaybeD:r-Uiom!be permitted outriabtbeigbt 0(60 feet to a maxùmm of lIS feet in excbqc for public open sp8CC œ aite, 01" payDIaIt ofa fco-in- lieu at providing !be open sp8CC œ lite. The procedIn 8Dd fŒlllUla fOl" calcuIatiDg 0IHÍte open Ip8CC 8Dd altematiYe fco-in-lieu Ih8ll be IpJWWJd by !be City Council, adopted by !be Directcr of Cœmmnity DeYelopment SclYi.ces,1h8ll be œ file in !be City Cledå office, 8Dd Ih8ll be followed 8Dd haw !be fiIll forœ 8Dd effect as if let ix1b. in fijl D Ibis Idide. NIIic open sp8CC under this aectiœ Iball be in additiœ to my other outdoOI" sp8CC 01" landscape area æquired by this code, 8Dd Ih8ll meet desian requiremeøs establisbed in Article XIX. Sectiœ 22-1639. 3. R.eùil C8IabIisbmaIIs providing wbicIe « bolt II8les, IerYÌCe 01" I'ep8ir. wbicIe savice IIaIiœs, 8Dd IáaiJ. establ~ providing public mini-WRIIouse 01" sIon e facilities are DOt permitted in this :rJOIIC. 14. Driw: 1Duugb. facilities may be permitted fer bIIIb 8Dd re18Ied fiDIDCÌal services. Aœess to 8Dd 1iœt drive-Imuugh facilities must be IppIOIIed by !be Public Wcdœ Dq.tnm. 1m\: bcq¡h faciliIies IØIIt be cIesi pIed 10 tbá vebicIes will DOt block traffic in !be JIrec:t wbile waiting in line 8Dd will DOt ~ly interfere with 0IHÍte traffic flow. S. A l(1fimt yan:I setbacIc is requiIed lIDless all of!be following criteria are DId, then !be setbacIc is 0 feet: L The ground floor facade ftœIing œ « visible fioom !be rigbt.of-way is a minimum of 60% tramparcnt glass; 8Dd b. A major builcIiag enIrIIIce fiœts œ « is clearly visible 1iœt !be rigbt.of -way; 8Dd c. Methods to modulIIe 8Dd IIticuIatc buildiDg facade(1)!bat are visible fioom!be right-of-way meet 01" exceed !be minimum standards establisbed in Article XIX. Ccmmunity Design Guidelines; 8Dd d. The deYelopDent is consistent with all other Ipplicable desian st8Dd8rds establisbed in Article XIX. Community Design Guidelines. 6. Assembly or manufa<:ture of goods œ !be subject property is permiUed œ1y if: L The -œly 01" manufacture is cleady acc:esscry to an alloMd use conducted œ !be subject property 8Dd is dúectly re18Ied to 8Dd dependent on this allowed use; 8IId b. The assembled 01" IDIIIIIIf-..ed goods are 8YIilable f« pun:base 8Dd IaDDV&l1iœt !be subject property 8Dd are for sale œ1y to IáaiJ. pun:basas; 8Dd Co Tbcre is DO outWIId çpearance 01" impacts 1iœt !be assembly 01" III8IIIIÍadIIIe 7. No maximum lot cownøe is estahIiohM Imtead,!be buildable area will be ddamiDed by other IÌte devdopmt:Dt requinmenIs, ie., requiœd buffers, padåDg lot IatIdsc:apq. surface water facilities, etc. 8. FOI" CUIIIDUIIÌI¥ design guidelines !bat Ipply to !be project, see Article XIX. 9. FOI" landscaping requÏranaIIs !bat Ipply to !be project, see Article xvll. 10. FOI"sigluequiranents tbatapplyto!be project, see Article xvm. I 11. Refer to See. 22-946 et seq. to cIetamine what other provisioos of this cbapter may apply to !be subject property. I 12. 01her 1dail uses DOt specifically listed in this ZIODC may be IppIUW:d by !be Directcr of CœImuDity DeYdopmt:Dt SclYi.ces if!be proposed use is cIetermiDed to be 00IISÏsteIIt wi1h adopted 00aiIt-~<'I: plan policies fOl" this :rJOIIC. L FOI" other informatiœ about padciDg 8Dd padciDg IR8S, see § 22-1376 et seq. (Oed No. 90-43, § 2(50.35), 2-27-90~ Oed No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5,2-7-96) For details of whit may exceed this beigbt limit, see § 22-1046 et seq. FOI" details R:g8I'ding required yards. see § 22-1131 et see¡. Sees. 22-763-22-790. Reserved. DIVISION 8. CITY CENTER-CORE (CC-C) AND CITY CENTER-FRAME (CC-F) See. 22-791. Office use. The following uses shall be pennitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: DIRECTIONS: FIRST, reød down to find UIC . .. mEN, IICroII for REGUIATIONS MINIMUMS USE '0 rI) z 0 ... en g ~ ~ ~; C> ~~ ~ REQUIRED YARDS ~ ~ i II î ~ en ~ en ¡.... 0 ..¡ None. ~ ~ Office UIe. Site plan rMew. Possible Process I. See Note I. -or- a a a 9S' or 14S' See Note 2. 10' a a See Notes 1 a: 3. Process l n and m are described in §§ 22-386-22-411, 22-431-22-460, 22-476-22-498 respectively. Site Plan Review is described in §§ 22-361-22.369 USE ZONE CHART AO IX1Z 1>::... þ:.o:en O'I>::~ 1X1<:i I>::",en 1 f«each. 400 sq. ft. of glOSS floor -. ~ ~ SPECIAL REGULATIONS AND NOTES I. The City may, usq Process l modiJÿ JeqUired y8RI, bciøbt.18ndsc:ape 8Dd buffer 8Dd other aite desian 8Dd dimensiœal requin:mans for a proposed c\evdopnaIt that meets !be following criteria: L The popoeed cIcveIopmrd will be coasisteat with !be adopted COIu\-"¡"';wo plan policies for this zme; and b. The popoeed cIcveIopmrd will be coasisteat with applicable desian guideliDcs; and c. The IIIect. utilities, 8Dd other infiasIructure in !be - an: adequate to suppcrt !be pI'OpO8Cd cIeYdopmcnt. 2. ~""DIII)' be ino:reaed ftom!be permitted ouIri¡Iabeiabt of9S feet to amaximumbeiþ oC14S feet in caa:bqe for providing public open IIpICC en aítc, orpayIDiCŒ at afecHn.illloCpuvidirw!becpcnllplCCGluÏIie. Thepl'ClCClbe 8Dd formula for c:alc:uIaIing ono&ite openllplCC 8Dd a1tematiw: fco-in-licu Iball be IIp XIJWd by !be City Couno:il, adopted by!beDRcøoCCaœuIiIf~Saviccs, IboIl be en file io!be City Clak's office. 8Dd Iball be followed 8Dd haw: !be 1ùll fœœ 8Dd efl'cct as if set forth in 1ùll in this article. P\tiic cpcn 11-= UDder this IeCtiœ IbaIl be in additiœ to my other outdoor IIpICC or landscape IRa required by this code, and rball meet desian requinmcms established in Artic:le XIX Sectiœ 22-1639. 3. A 1a iomyard IIdbadt is æquired unless all of!be fol1~ critaia arc met, then !be Idback is 0 feet: L The around floor facade úœting en or visible ftom !be rigbt-Gf -way is a minimum of 60% tr8nsp8rc:nt glass; md b. A major builcting aIIranœ fiœIs en or is clearly wible ftom !be right-of-way; 8Dd c. Mdbods 80 mocU8e 8Dd ~ buikIq; facade( s) that an: visible ftom !be right-of-way meet or cxœed !be minimum standards cstablisbcd in Article XIX. Community Design. GuideliDcs; 8Dd d. The dewIopDmt is coasisteat with all other applic:able desian ItaDdards estabIisbed in Article XIX. Community Design Guidelines. 4. The followiDg regulatioos apply to veterinary office œly: L May œJy treat smaUmimals on !be subject property; b. May DOt include outside runs or other ootside facilities for !be mimals; c. The silellUltbe dcsignedsolbat DOÏse ftom this UIC will DOt be audible off!be subject property bued on. c:ertificate to this efl'ect signed by m acoustical cngÏDecr 8Dd filed with, , ,!be devdopncnt permit applications. S. Assamly or mmufacture oC OOCIs en !be subject popcrty is permitted œJy if: L The -œly or mmufacture is clearly accessory to 81 allowed UIC CCIIIb:ted on !be subject property 8Dd is directly related to 8Dd dependent on !be allowed use; b. The assembled or manufactured øoods arc available for pun:base 8Dd rcmøval ftom !be subject property and are for sale œJy to mail pun:basers; md c. 'Ih:rc arc DO outW8d appearaoce or impacts ftom !be assembly or mIIIIIÍactuIe. 6. No maxinam lot CXIII'COIF is cstablisbed. Instead, !be buildable IRa will be determined by other site development requircmcnts, ie.. requùed buffers, parlång lot landsc:apin& surface water facilities, de. 7. F« cœIIDIIÜty desian guidelines that apply to !be project. see Article XIX. 8. F« landscaping requirc:menIs that apply to !be project. see Article xvn. 9. For sign requinmcms that apply to !be project. see Artic:le xvm. 10. Refer to See. 22-946 aseq. to determine what otberproYisiœs oftbis cbaptermay apply to !be subject property. L For other information about parlång 8Dd ~ areas, see § 22-1376 a seq. (Oed. No. 90-43, § 2(50.50), 2-27-90; Oed. No. 93-170, § 7(Exh. B), 4-20-93; Ord No. 96-270. § 5, 7-2-96) For details oCwbatmaycxœed this height limit, see § 22-1046 a seq. FordetailSlq.ardingrequiredyards, see § 22-1131 aseq. See. 22-804. Retail use. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE '0 DIRECTIONS: FIRST, read down to find use. .. THEN, ac:ross foe REGULATIONS fI:I Z 0 ... ~ S c¡ = Ò '" '" ~ Ii gjgj ~ '" 8 None Rdail est8b1isbment selling px:eries, produce I Site pIm review. 8nd related items; . drup 8nd penonal care Possible Process L products; boob; liquor; Iwdw8re, prden, See Note 1. home e10ctr0aics, spcrtÏDg goods; 8nd related items; oe WOIb of art (adudiDg bulk rdail). Rdail variety, speciality, oe cIepartma¡t stores. Rdail-""'¡ohm..nt providing b8nkiDg 8nd related fiDIDciaI savices. Rdail estIbIisbmeat providing 1aunIky, dry cleming. beauty 8nd bazber, video rœtal oe rboe Iepair services. Rdail est8bIisbments providing limited mecIic81l1111WÍac1UriDg taYÏces such IS dental 18bs, prostbetics labs, optical taYÏces, 1m a C8Ie by C8Ie bais. See Note 13. Printing and duplicatiDg services. Other rdail not specifically 1isted in this :mne. See Note 13. Process I. n 8nd m are desaibed in §§ 22-386-22-411. 22-431-22-460. 22-47~22-498 respectively. Site Plan Review is cIescribed in §§ 22-361-22-369 MINIMUMS REQUIRED YARDS ~ c: f1 1 ...., ~ '" ~ ~ ~ ~ II USE ZONE CHART '" ~ II gjp.¡ ~ ~ f1 -- If1 f1 fI 35' Ibow awnøe building elev8tion. See Notes 1 '" 6. SPECIAL REGULATIONS AND NOTES 0enenI n:taiI. 1. The City may, ... ~ I. modifÿ rcq.úred yard. beigbt, 1andscape and buffer 8nd other site design 8Dd dimensional n:quiIaDenIs foe a proposed cIeve1opnmt that meets f!$bhli~' !be following c:ritaia: 1 foe each ~ ~ sq. L The proposed dewlo¡med will be cœsisteat with !be adopted ........,."'--iw plan policies foe this zme; 8nd ft. of pOlS floor ... b. The proposed dewlo¡med will be COIISÎsteat with applicable design guidelines; 8Dd c. The street WIities 8nd other iafbstruc:án in !be area lie adequate to support !be proposed cIeYclopnall , Rdail .-hI-.. 2 No i'OŒ yard 1db8cIc..- if the pmd ðocrfac8de fi'orâw 1m oe visible fum !be right-of-way is 60% InospIreIIt g\ass 8Dd is cœsisteat with design standaIds establisbrxt, providing in Article XIX; oCbawise 1 fI ÛOIIt yard IdbecIc required. . eIItataÌIIIIIeŒ 3. A8aDbiy oe ~ at eoods œ!be lUbject property is pezmiIted oaly if. I IIeCIaÛaD oe c:uIIunl: L The IDeIIIbIy oe ~ is cIemy IIICÎUaIy to m allowed use COIIducIed 1m !be lUbject property 8Dd is directly œlDd to 8nd cIcpeudent 1m this allowed use; 'I DetemIiDecI 1m a C8Ie b. The -œw oe ~ eoods - available foe purchase 8Dd I'<IDIMl fum !be subject property 8Dd lie foe sale oaly to rdail purduIsen; 8nd by C8Ie bais. c. 'I'hae _110 outwmIlIppCII'8Dœ oe imp8CIs fi'om !be ISICIDbly oe mamûacture. See § 22-1376 et lOCI. 4. Rdail-~ pmvidiacwbicleoebo8t sales.1aYÏce oelepair 8ndn:tail. estohli"""",- providingpublicDlÏlli-wlrdlous oestcnøe facilities -not permittodinl this 2XDe. I S. ÑX%8 to8ndi'om~iåIäes DUt be IIppIOWId by !be public WOIb depertmaL ~ facililies must be cIesigncd so thatwbicles will not block traffici in !be sIIeet wbiIe W8ÎIÎIIS in liDe 8nd will not vmasœably interfere with cn-site traffic flow. I 6. If 811)' pxtioD at a ItIuctuR: œ !be IIIbject property is within 100 feet of a raidediallme, then that pcrIÌCIII. at!be IInI<:tun: sball not exceed 30 feet Ibow average buildingl elewIilm 8nd the ItIuctuR: sball be let beck a minimum. of 20 feet fi'om Ibe property liDe of Ibe raidcmial2XDe. 7. Outdooc use, activity 8nd stcnøe is œguIated by See. 22-1113. 8. NolllllXÏDuDIotCXlWl1lFisallblilbed. In8e8d, Ibe buildøbIe II'C& will be cIetermiDed by other site dewlo¡med teqIIÍremI:IIIS ie~ required bulfen, pIIIåDg lot 1m:Isc8p~ surface wata' facilities. de. I 9. FoeCOlDlDllllÏty designglJÏdelWs that apply to !be project, see Article XIX. I 10. Foe landscIpiDg requiRmeIà that apply to !be project, see Article xvn. I 11. Foe sign requiraDeoIs that app1y to the project, see Article XVIII. I 12 Râer to See. 22-946 et lOCI.- to cIetamioe what other provisicos of this chIpter may app1y to !be lUbject property. I 13. Limited maœfacturiag IerYÎces 8nd ocbec n:taiI. uses not specifically 1isted in this 1JOIIC may be IIppI'OVed by !be DiIector of Commuaity DevdopneDt Savices iflbel proposed use is cIetermiDed to be CCÐSÍstaIt with adopted ""'-~ plan policies for this 2XDe. : L Foe other inf'cnDllicxlIboutpating8DdplllåDglR:IS, see § 22-1376 et lOCI. (Oed. No. 90-43. § 2(50.35). 2-27-90; Oed. No. 93-170. § 7(Exh. B), 4-20-93; Oed. No. 96-270. § 5.7-2-96) Foe details ofwblt may exceed this heigIá limit, see § 22-1046 et lOCI. Foe details n:prding required ymIs, see § 22-1131 et lOCI. See Notes I, 2, 6 '" 10. fI DATE: May 13, 1997 TO: Phil Watkins, Chair Land Use/Transportation Committee ~t'^ FROM: Ken Miller, Street Systems Manager SUBJECT: The 1997 Asphalt Overlay Project Bid Results BACKGROUND Four (4) bids were received and opened on May 13, 1997 at 10: 10 a.m. for the 1997 Asphalt Overlay Project, (see attached bid results for further detail). The apparent low bidder is Lakeside Industries, with a total bid of $1 ,597,987.89. The budget for the 1997 Asphalt Overlay Project is $1,954,000, which is comprised of the , following: 1) 1997 Budget, $934,000; 2) 1996 Carryforward, $220,000; and 3) Utility Tax, $800,000. The estimated total project cost, including a 10% contingency, $51,000 for in-house design, $85,000 for construction administration, and $7,500 for printing and advertising, is $1,901,286.68, and is within the budget. RECOMMENOA TION: Forward the following recommendations to the May 20, 1997 Council meeting for approval. 1) Award all schedules (Schedules A - I) of the 1997 Asphalt Overlay Project to Lakeside Industries, the apparent low bidder, in the amount of $1,597,987.89, and approve a $159,798.79 contingency. 2) 3) Authorize the City Manager to execute the contract. Authorize $85,000 for construction administration. " . 1997 ASPHALT OVERLAY PROJECT BID RESULTS The following four (4) bids were received and opened on May 13, 1997 at 10:10 a.m. for the 1997 Asphalt Overlay Project: Contractor Lakeside Industries M.A. Segale, Inc. Tucci and Sons, Inc. Woodworth and Co., Inc. Engineer's Estimate 1997 Asphalt Overlay Budget Total Bid Amount $1,597,798.97 $1,693,619.90 $1,711,075.10 ~2,01O, 746.06 $2,069,946.24 $1,954,000.00 The apparent low bidder is Lakeside Industries. Their bid for each schedule is as follows: Schedule Bid Project - A $60,098.15 South 317th Street B $185,416.95 28th Avenue South C $172,537.41 9th Avenue South D $142,564.39 5th Avenue South E $299,645.30 Southwest 320th Street F $270,355.33 EmbelWood G $296,503.24 Mirror Lake Village H $39,903.95 Nine Firs I $130,963.17 Country Palisades The following is breakdo\VI1 of the estimated total project construction costs. Contract Amount 10% Contingency Construction Administration Printing and Advertising In-house Design $1,597,987.89 159,798.79 85,000.00 7,500.00 . 51.000.00 Total $ 1. 901.286.68 I:\PMS\970VL Y\970LA \\1H"E1\ (I'SK> 5/8/97 DATE: May 19, 1997 TO: Phil Watkins, Chair Land Use/Transportation Committee '4-^ FROM: Ken Miller, Street Systems Manager SUBJECT: Authorization to bid the 1997 Sidewalk Replacement Project Back¡:round: Public Works Staff has developed a list of recommended streets for the 1997 Sidewalk Replacement Project, they are as follows: 1) 21st Avenue Southwest, from Dash Point Road to Southwest 356th Street; and 2) Southwest 340th Street, from 30th Avenue Southwest to 35th Avenue Southwest. Attached is a vicinity map showing the locations of the project. The streets were selected based upon the sidewalk inventory data, complaints and field reconnaissance. The 1997 structures budget, of which the 1997 Sidewalk Replacement Project is a portion of, is $119,367, and consists of the following: 1). $17,000 for in-house design; 2) $12,000 for matching funds for TIB grants; 3) $10,000 for misc. sidewalk projects; 4) $80,367 for the 1997 Sidewalk Replacement Project. The estimated cost of the project, including in-house design, inspection and construction administration , is $78,000. The above cost of $78,000 is a preliminary figure and is used for estimating purposes only. The contract will be awarded within the sidewalk budget of $80,367. Once the list of streets for the sidewalk project is approved by Council, staff will complete the design of the project and solicit quotes from contractors on the Public Works Smalls Roster for this project. The anticipated deadline for submittal of quotes from contractors for this project is June 10, 1997. Recommendatiol1 Forward the following recommendations to the June 3, 1997 City Council meeting for approval. 1) Approve the list of streets for the 1997 Sidewalk Replacement Project; 2) Authorize staff to solicit bids for the project. Bids will be brought directly back to Council for award, the contract will be awarded within the project budget; 3) Place the above recommendations on the consent agenda of the June 3, 1997 Council Meeting. 1:IMAINT\97SWPROJ\975WBID.MEM (PSK) -t 1997 Sidewalk R I ep acement Project II.T.. VICINITY MAP ~ ..~ I-'Jot7 DATE: May 13, 1997 TO: Phil Watkins, Chair Land U selTransportation Committee Jeff Pratt, Suñace Water Manage~~ So 356th Regional Stonn Water Control Facility Bid Awanl FROM: SUBJECT: Bacqround: On April 24, 1997, the City received fourteen bids from various contractors for the above referenced project. The low-bid contractor for this project is Porter Brothers Construction, Inc., with a total bid amount of $1,738,701.47. This bid amount is 7% lower than the average bid of the next three lowest bidders combined and $4,172.00 less than the engineer's estimated construction cost for this project (see attached bid tabulations). Based on the reference checks completed by the City's Surface Water Management division and KCM, Inc., the City's design contractor on this project, there is no known reason why this low bidder should not be able to successfully complete this project. The project budget status is as follows: Council Authorized Budget $3,291,923.00* Estimated Project Costs $3,576,753.00 $ 284,830.00 Estimated Project Shortfall * This amount includes $717,000.00 contributed toward the project by WDOT as part of a joint venture to provide'storm water quality and quantity control for their SR161 improvements. Estimated project cost includes the following: Design $ 204,727.00 $1,189,455.00 Acquisition Construction: Underground Utility Conversion Construction Management Construction $ 120,000.00 $ 150,000.00 $1,912,571.00* * Includes 10% contingency Total Costs $3,576,753.00 The estimated project shortfall is a result of a settlement agreement reached between the City and Everspring, Inc., during the property acquisition phase of the project. The estimated costs of the Everspring parcel's acquisition was exceeded by the actual settlement price by $335,487.00. Note that in order to proceed with construction of this project a Council approved budget adjustment in the amount of $284,830.00 will be necessary. Recommendations: Staff recommends that the project budget be amended by a budget increase in the amount of $284,830.00. Staff recommends the award of this project to the lowest responsive, responsible bidder, Porter Brothers Construction, Inc., in the amount of $1,738,701.47, and that a 10% construction contingency totaling $173,870.15 be established for the project. Staff recommends that this matter be placed on the May 6, 1997 City Council meeting business agenda for their , consideration. Attachment: Bid TabuJationa K:\LUTC\S3S6RSPB.WPD Bid Tabulation "RFB 97-100" BID OPENING APRIL 24,1997 South 356th Street Regional Storage Facility and Stream Rehabilitation Project 8íd 1 Ijld;¿ Il:!ldJ IjIO 4 Vendor Name ---> PORTER BROTHER CONC NORTHWEST CONST., INC ~TAN PALMER CONST,INC. RW SCOTT CONST, INC Location ----------> DesMoines Seattle Silverdale Renton - Item Amount Price Total Price Total Price Total 1 Temporary Water Pollution/Erosion 1 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 2 Silt Fence 645 5.28 3,403.02 5.00 3,225.00 2.00 1,290.00 6.00 3,870.00 3 Mobilization 1 49,585.00 49,585.00 150,000.00 150,000.00 144,000.00 144,000.00 140,000.00 140,000.00 4 Clearing and Grubbing 4.5 527.51 2,373.77 2,000.00 9,000.00 6,622.00 29,799.00 3,125.00 14,062.50 5 Removal of Structure and Obstructio 1 5,275.00 5,275.00 25,000.00 25,000.00 13,800.00 13,800.00 29,000.00 29,000.00 6 Unsuitable Foundation Excalnc. Haul 900 6.86 6,174.00 10.00 9,000.00 24.00 21,600.00 15.00 13,500.00 7 Gravel Borrow Incl. Haul 1665 10.02 16,679.97 10.00 16,650.00 8.15 13,569.75 11.00 18,315.00 8 Unclassified Excavation 1 353,214.00 353,214.00 350,000.00 350,000.00 297,789.00 297,789.00 434,124.00 434,124.00 9 Bottom Treatment Type A 10020 11.46 114,869.28 2.50 25,050.00 6.50 65,130.00 11.00 110,220.00 10 Slope Treatment Type A 2090 6.49 13,568.28 15.00 31,350.00 45.00 94,050.00 15.00 31,350.00 11 Shoring or Extra Excavation CI. B 55390 0:53 29,079.75 0.15 8,308.50 1.00 55,390.00 0.65 36,003.50 12 Dike Ditch 282 5.28 1,487.83 10.00 2,820.00 6.50 1,833.00 12.00 3,384.00 13 Shoulder Ditch 260 10.55 2,743.52 10.00 2,600.00 12.00 3,120.00 13.00 3,380.00 14 Site Remediation 1 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 15 Temporary Pavement Patching 190 15.82 3,005.80 20.00 3,800.00 10.75 2,042.50 13.00 2,470.00 16 Asphalt Concrete Patching 190 23.74 4,510.22 20.00 3,800.00 15.00 2,850.00 33.00 6,270.00 17 Gabion Cribbing 1900 100.22 190,419.90 110.00 209,000.00 95.00 180,500.00 115.00 218,500.00 18 Trench Foundation Stabilization 220 12.66 2,785.42 20.00 4,400.00 19.00 4,180.00 15.00 3,300.00 19 CI. IV Reinf. Conc. Pipe 12 In. Diam. 72 24.88 1,791.36 46.50 3,348.00 28.00 2,016.00 31.00 2,232.00 20 CI. IV Reinf. Conc. Pipe 24 In. Diam. 137 44.76 6,132.12 67.00 9,179.00 33.00 4,521.00 33.00 4,521.00 21 Cl. N Reinf. Conc. Pipe 42 In. Diam. 1060 122.55 129,904.06 152.00 161,120.00 145.00 153,700.00 122.00 129,320.00 22 CI. V Reinf. Conc. Pipe 42 In. Diam. 408 169.89 69,315.12 196.00 79,968.00 220.00 89,760.00 145.00 59,160.00 23 CI. IV Reinf. Conc. Pipe 48 In. Diam. 604 137.03 82,763.70 160.00 96,640.00 139.00 83,956.00 126.00 76,104.00 24 CI. IV Reinf. Conc. Pipe 60 In. Diam. 13 208.61 2,711.93 218.00 2,834.00 450.00 5,850.00 255.00 3,315.00 25 Connect to Existing Manhole 2 3,376.00 6,752.01 750.00 1,500.00 3,200.00 6,400.00 500.00 1,000.00 26 Manhole Under 12 FI. 72 In. Diam 2 6,711.91 13,423.81 4,000.00 8,000.00 5,875.00 11,750.00 4,000.00 8,000.00 I 27 Manhole Under 12 Ft. 96 In. Diam 2 10,171.25 20,342.50 5,000.00 10,000.00 9,465.00 18,930.00 11,000.00 22,000.00 28 Manhole Under 12 to 20 FI. 72 In. Oi 3 8,756.50 26,269.50 2,500.00 7,500.00 10,500.00 31,500.00 5,668.00 17,004.00 29 Manhole Under 12 to 20 FI. 96 In. Di 4 13,841.60 55,366.41 7,100.00 28,400.00 12,200.00 48,800.00 9,400.00 37,600.00 I 30 Outlet Structure 1 36,503.00 36,503.00 30,000.00 30,000.00 15,000.00 15,000.00 12,750.00 12,750.00 31 T"psoil Type B 1970 4.75 9,359.47 4.00 7,880.00 6.25 12,312.50 12.00 23,640.00 3~ :fing and Establish. Type 1 0.8 1,086.64 869.31 1,030.00 824.00 1,475.00 1,180.00 1;092.00 873.60 33 4ding and Establish. Type 2 1.7 22,408.20 38,093.95 18,740.00 31,858.00 19;000.00 32,300.00 19,864.00 33,768.80 34 Straw Blanket Mulch 5000 1.11 5,525.00 1.05 5,250.00 1.10 5,500.00 1.15 5,750.00 35 Soil Amendment 708 4.95 3,507.43 4.70 3,327.60 5.00 3,540.00 5.17 3,660.36 36 Soil Guard 570 5.01 2,855.13 2.00 1,140.00 2.00 1,140.00 2.15 .1,225.50 37 Landscaping-Detention Pond Area 1 50,022.82 50,022.82 47,415.00 47,415.00 48,000.00 48,000.00 49,800.00 49,800.00 38 Landscaping-Stream Rehabilitation 1 18,705.15 18,705.15 17,730.00 17,730.00 17,000.00 17,000.00 18,700.00 18,700.00 39 Chain Link Fence Type 3 1184 7.65 9,059.97 8.75 10,360.00 8.00 9,472.00 9.50 11,248.00 40 Double 20 Ft Chain Link Gate 1 804.96 804.96 800.00 800.00 750.00 750.00 715.00 715.00 41 Streambank Protec.-Left Bank 60 68.57 4,114.38 26.00 1,560.00 92.00 5,520.00 60.00 3,600.00 42 Stream bank Prol.-Left & Right Bank 75 94.95 7,121.55 37.00 2,775.00 87.00 6,525.00 100.00 7,500.00 43 Channel Weirs 4 791.25 3,165.01 1,000.00 4,000.00 1,890.00 7,560.00 1,500.00 6,000.00 44 Emergency Overflow Spillway 1 21,311.00 21,311.00 7,500.00 7,500.00 12,500.00 12,500.00 15,000.00 15,000.00 45 Outlet Protection 62 56.97 3,532.20 120.00 7,440.00 60.00 3,720.00 113.00 7,006.00 46 Gravel Filter Window 2 3,165.00 6,330.00 ' 2,250.00 4,500.00 3,625.00 7,250.00 ' 4,200.00 8,400.00 47 Sedimentation Forebay 440 14.77 6,498.80 10.50 4,620.00 18.00 7,920.00 20.00. 8,800.00 48 Access Road 2660 21.79 57,950.76 21.00 55,860.00 22,00 58,520.00 26.00 69,160.00 49 Channel Protection 42 12.66 531.76 15.00 630.00 5.85 245.70 18.00 756.00 50 OillWater Separator & Div. Manhole 1 60,778.55 60,778.55 62,000.00 62,000.00 53,000.00 53,000.00 56,700.00 56,700.00 51 Asphalt Overlay 823 9.02 7,426.75 12.00 9,876.00 10.00 8,230.00 13.00 10,699.00 SUBTOTAL l,öUl,U14.;¿:> ,öl;¿,I$Jt:UU ,131$,311.4:> 1,816,757.26 Sales Tax @18.6% 137,687.23 138,704.08 149,494.78 156,241.12 TOTAL 1T,738,701.47 ,751,542.18 ,887,806.23 l,~r;¿,~~ð.;)! IljlO ;:'Iqna ure sione<! slaneo slaneo slaned IBid Bond ves ves ves ves IAddendums ves ves ves yes Bíd5 1:3Id 6 t!ld 1 'Ij d!:l I:Ild ~ LLOYD ENTERPRISES, INC PIVETTA BROTHER CONST FRANK COLUCCIO CONST.C M!D_MOUNTA!NS,INC GLACIER CONST. & EOUI Federal Way Sumner Seattle Bellevue Seattle Price Total Price Total Price Total Price Total Price Total 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 4.50 2,902.50 3.20 2,064.00 4.00 2,580.00 5.00 3,225.00 5.00 3,225.00 100,000.00 100,000.00 134,378.00 134,378.00 188,000.00 188,000.00 190,000.00 ,190,000.00 180,000.00 180,000.00 . 3,175.00 14,287,50 2,798.00 12,591.00 2,000.00 9,000.00 3,500.00 15,750.00 5,000.00 22,500.00 28.200.00 28,200.00 13,250.00 13,250.00 10,000.00 10,000.00 50,000.00 50,000.00 25,000.00 25,000.00 9.05 8,145.00 14.70 13,230.00 21.00 18,900.00 7.00 6,300.00 15.00 13,500.00 8.50 14,152.50 7.77 12,937,05 11.00 18,315,00 8.00 13,320.00 18.00 29,970.00 511,000.00 511,000.00 366,236.00 366,236.00 520,000.00 520,000.00 400,000.00 400,000.00 375,000.00 375,000.00 4.05 40,581.00 13.40 134,268.00 8.00 80,160.00 9.00 90,180.00 10.00 100,200.00 4.10 8,569,00 7.90 16,511.00 8.00 16,720.00 8,00 16,720.00 2.00 4,180.00 0.55 30,464,50 0.22 12,185.80 0,20 11,078.00 0.05 2,769.50 0.25 13,847.50 12,30 3,468.60 16.72 4,715.04 9.00 2,538.00 10.00 2,820.00 15.00 4,230.00 20.25 5,265.00 15.50 4,030.00 15.00 3,900.00 18.00 4,680.00 12.00 3,120.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 15.00 2,850.00 11.00 2,090.00 7.00 1,330.00 8.00 1,520.00 20.00 3,800.00 22.30 4,237.00 44.85 8,521.50 35.00 6,650.00 22.00 4,180.00 25.00 4,750.00 105.00 199,500.00 115.38 219,222.00 85.00 161,500.00 134.00 254,600.00 110.00 209,000.00 8.20 1,804.00 25,25 5,555.00 13,00 2,860.00 12.00 2,640,00 35.00 7,700.00 32.75 2,358.00 42.55 3,063.60 54.00 3,888.00 40.00 2,880.00 35.00 2,520.00 50.50 6,918.50 45.00 6,165.00 73.00 10,001.00 50.00 6,850.00 55.00 7,535.00 147.50 156,350.00 105.80 112,148.00 141.00 149,460.00 180.00 190,800,00 200.00 212,000.00 233.50 95,268.00 113.70 46,389.60 211,00 86,088.00 250.00 102,000.00 320.00 130,560.00 160.00 96,640.00 128.60 77,674.40 150.00 90,600.00 180.00 108,720.00 160.00 96,640.00 164.00 2,132.00 349.00 4,537.00 253,00 3,289.00 300.00 . 3,900.00 300.00 3,900.00 1,130.00 2,260.00 3,418.00 6,836.00 2,700.00 5,400.00 350.00 700.00 1 ,000.00 2,000.00 6,200.00 12,400.00 3,966.00 7,932.00 5,300.00 10,600.00 5,000.00 10,000.00 4,500.00 9,000.00 8,450.00 16,900.00 6,732.00 13,464.00 7,400.00 14,800.00 8,000.00 16,000.00 6,000.00 12,000.00 . 7,105.00 21,315.00 4,555.00 13,665.00 6,300.00 18,900,00 5,500.00 16,500.00 6,000.00 18,000.00 10,150.00 40,600.00 8,561.00 34,244.00 9,000.00 36,000.00 9,000.00 36,000.00 7,500.00 30,000.00 33,850.00 33,850.00 26,440.00 26,440.00 29,500.00 29,500.00 23,000.00 23,000.00 25,000.00 25,000.00 6.80 13,396,00 17.00 33,490.00 4.00 7,880.00 7.00 13,790.00 22.00 43,340.00 1,700.00 1,360.00 3,982.50 3,186,00 1,200.00 960.00 2,000.00 1,600.00 1,100.00 880.00 12,800.00 21,760.00 27,830.00 47,311.00 20,000.00 34,000.00 26,000.00 44,200.00 20,000,00 34,000.00 2.00 10,000.00 3.80 19,000.00 1.10 5,500.00 1.50 7,500.00 1.50 7,500.00 3.40 2,407.20 5.88 4,163.04 5,00 3,540.00 22.00 15,576.00 5.00 3,540.00 2.25 1,282.50 6.00 3,420.00 2.50 1,425.00 1.00 570.00 2.00 1,140,00 87,650.00 87,650.00 100,763,00 100,763.00 50,000.00 50,000.00 47,000.00 47,000.00 50,000,00 50,000.00 23,600.00 23,600.00 28,727.00 28,727.00 19,000.00 19,000.00 16,000.00 16,000.00 20,000,00 20,000,00 14.00 16,576.00 10.60 12,550.40 10.00 11,840,00 10.00 11,840.00 9.00 10,656,00 1,350.00 1,350.00 754.00 754.00 800.00 800.00 700.00 700.00 800,09 800.00 43.00 2,580.00 90.95 5,457.00 21,00 1,260.00 40.00 2,400,00 25.00 1,500.00 87.50 6,562.50 138.20 10,365.00 45.00 3,375.00 40.00 3,000.00 50.00 3,750.00 150.00 600.00 2,500.00 10,000.00 500.00 2,000.00 1,200.00 4,800.00 1,000.00 4,000.00 27,000,00 27,000.00 13,047,00 13,047.00 12,000.00 12,000.00 9,000.00 9,000.00 10,000.00 10,000,00 114.00 7,068.00 47.98 2,974.76 117.00 7,254.00 50.00 3,100.00 75.00 4,650.00 3,400.00 6,800.00 5,407.00 10,814.00 3,500.00 7,000.00 4,000,00 8,000.00 3,000.00 6,000.00 12.00 5,280.00 86.35 . 37,994.00 20.00 8,800.00 14.00 6,160.00 20.00 8,800.00 19.00 50,540.00 34.75 92,435.00 20.00 53,200.00 21.00 55,860.00 25.00 66,500.00 11.00 462.00 28.75 1,207.50 15.00 630.00 17.00 714.00 18.00 756,00 75,000.00 75,000.00 77,457.00 77,457.00 97,000.00 97,000.00 75,000.00 75,000.00 85,000.00 85,000,00 14.55 11,974.65 18.27 15,036.21 20.00 16,460,00 13.00 10,699,00 10.00 8,230.00 HfiH fififi.95 1 ,!:II 1.494.90 HHH l.IH1.00 1 l.Itlfi "'fi'~.bO Q". 'J1 Q.50 160705.36 161 464.56 162452.37 167 404.46 167976.88 '.J rJ'.Jl.I'{ .31 '.J/HH ¡'¡..,l.I.46 2,051.433,31 2,113,96/.96 2.121 196.38 " Ii I sioned sioned sioned síaned - slonea yes yes ~ yes "'è~ ves " 'o c yes " " yes yes yes ves " '; yes " " " -!' ~I( 10 TUCCI & SONS, INC Tac"",a ~- f- 8,000,00 6.00 147,00000 3 500,00 23000,00 23.50 66O 514,000.00 6,70 6.40 0,25 13.30 26.00 25,000.00 21.30 57.50 120,00 24,00 33.50 127.00 162,00 217.00 183,00 190.00 2,800.00 3,030,00 5,830.00 3,950.00 10.000.00 48,350,00 6.25 1,750,00 24.100.00 1,40 18.50 0.75 'JO 10 ,1.00 750.00 25.50 36,25 950,00 11.400.00 65,00 4,300,00 30.00 41.25 25,00 82,400.00 6.70 4:> 1, sIgned yes yes . Total 8,00000 3,870.00 147,00000 15.75000 23,000.00 21,150,00 10,98900 51400000 67,134.00 13,376,00 13,847,50 3.75060 6,760,00 25,000,00 4,047,00 10,925,00 228.00000 5,280.00 2,412,00 17,399,00 171,720,00 88,536.00 110.532.00 2,470.00 5,600,00 6.060.00 11,66000 11,850.00 40,000,00 48,350.00 12,312,50 1.400.00 40,970,00 7,000.00 13,098.00 427.50 43,620.00 14,630.00 13,024.00 750,00 1,530.00 2,718.75 3,800,00 11,400,00 4,030.00 8,600.00 13,200.00 109,725,00 1,050.00 82,40000 5,514,10 174551.44 tIle 11 ¡tIle lL tIle 1.j GARY MERLINO CONST CO f/vestwater Construction Co OLSON BROTHER EXCA Seattle ltIuDurn Puyallup Price 8,000.00 3.00 50,00000 4,500,00 100,00000 8.00 7.00 582,500,00 3.00 3.00 0.10 7.50 14.00 25,000,00 25.00 30.00 90.00 25.00 55,00 85.00 200.00 325,00 210.00 350,00 500.00 5,500.00 10,000.00 7,000,00 12,500,00 25,000.00 12,00 1,800.00 25,000.00 1.50 19.00 1.00 45,000.00 15,000.00 9.00 700.00 40,00 60.00 1,000.00 15,000.00 80.00 4,000.00 15.00 30.00 15,00 85,000.00 15.00 slgnea yes yes Total 8,00000 1.93500 50,00000 20,250.00 100,00000 7,200.00 11.6550::; 582,5000' 3O,O60C: 6,27J 00 5S)9.00 2,115.00 3,64000 25,00000 4.750.00 5,700,00 171.000.00 5,50000 3,960,00 11,64500 212,000.00 132,60000 126,840.00 4,550,00 1,000.00 11 , 000 . 00 20.000.00 21,000,00 50,000,00 25,000.00 23,640,00 1,440,00 42,500.00 7,500.00 13,452,00 570.00 45,000,00 15,000,00 10,656,00 700,00 2,400,()IJ 4,5OO,C'1 4,ooo,v: 15,00000 4,£60,00 8,000.00 6,600.00 79,800.00 630.00 85,000,00 12,345,00 175,818.57 L,LLV" :LV,:>, Price 8,00000 7.00 178,000.00 7,00000 10,00000 10. 00 10.00 736,00000 8.00 12,00 0.25 10.00 14,00 25,000.00 5.00 20.00 7500 10.00 65.00 100,00 135,00 140.00 160,00 170,00 2,00000 5,000.00 7,000,00 6,800,00 8,000,00 35,000.00 18.00 1,600,00 1,400.00 1.50 4,00 2.00 68,000.00 25,000.00 10.00 700,00 45,00 65.00 1 , 000, 00 14,000,00 30,00 1 ,500 00 14.00 25,00 , 16.00 65,00000 10.00 I I I slgneo yes yes Total 8,000,00 4,51500 178,00000 31,500 00 10,000 00 9,00000 16,65000 736,000,00 80,160.00 25,08000 13,84750 2,820,00 3,640,00 25,00000 950.00 3,80000 142,500,00 2,20000 4,680,00 13,70000 143,100,00 57,120.00 96,64000 2,210,00 4,00000 10,00000 14,000.00 20,400,00 32.00000 35,000,00 35,460,00 1,280,00 2,380,00 7,50000 2,832,00 1,140.00 68,000,00 25,000,00 11,840,00 700,00 2,700.00 4,875,00 4,000.00 14,000,00 1,86000 3,000,00 6,160,00 66,50000 672.00 65,00000 8,23000 177,129,17 2,236, I IO,6? Price 8,000.00 5.00 100,000.00 8,00000 50,000 00 20.00 18,00 55,000.00 18.00 25,00 0.50 100.00 75,00 25,000,00 100.00 120,00 100,00 20.00 30,00 48,00 92.00 106.00 110,00 156,00 2,000,00 6,00000 7,500.00 8.500,00 10,000.00 25,000.00 . 20.00 2,000.00 1,500.00 500 10,00 5,00 50,000.00 30,000.00 20,00 1,80000 500,00 500.00 1,000.00 28.000,00 200.00 12,000,00 60.00 150.00 30000 75,000,00 60.00 I signed yes yes Total 8,000,00 3,225,00 100,000,00 36,000,00 50,00000 18,000,00 29,970,00 55,000.00 180,36000 52,250,00 27,69500 28,200,00 19,500,00 25,000,00 19,000.00 22,800,00 190,000,00 4,400,00 2,160,00 6,576.00 97,520,00 43,248.00 66,440.00 2,028,00 4,000.00 12,000,00 15,000,00 25,500,00 40,000.00 25,000.00 39,400.00 1,600,00 2,550,00 25,000,00 7,080.00 2,850,00 50,000,00 30,000.00 23,680.00 1,800,00 30,00000 37,500,00 4,000.00 28,000.00 12,400,00 24,000,00 26,400.00 399,000,00 12,600.00 75,000,00 49,380,00 L,U!'I1,112.UU 179835.63 L,L/V,~4/,b.j 11014 YOICO, INC Maple Valley Price 8,000,00 7,00 200,000.00 10,000.00 100,000.00 30.00 15.00 539,OOô.00 4,00 5.00 0.50 20.00 20.00 25.000,00 5.00 15.00 105.00 50,00 60.00 70,00 140.00 150.00 160,00 1,000.00 3,000,00 20,00000 25,000,00 25,000.00 30,000,00 70,000.00 23.00 1 , 000. 00 16,000.00 2.00 5.00 5.00 80,000,00 25,000.00 23,00 1,000.00 35.00 70. 00 2,000.00 10,00000 50,00 2,000.00 10.00 15,00 20.00 65,000,00 9.00 I I I signeD Yes yes Total 8,00000 4,51500 200,00000 45,00000 100,00000 27,000.00 24,97500 539,00000 40,080.00 10,45000 27,69500 5,640.00 5,200,00 25,00000 950.00 2.850.00 199,50000 11 ,000 00 4,320,00 9,590.00 148,40000 61,200.00 96,640.00 13,00000 6,00000 40,000,00 50,000.00 75,000.00 120,000.00 70,000.00 45,310.00 800,00 27,200.00 10,000,00 3,540.00 2,850,00 80,000,00 25,000.00 27,232,00 1,000,00 2,100.00 5,25000 8,000.00 10,000.00 3,100.00 4,00000 4,40000 39,900,00 840.00 65,000,00 7,407,00 201 578.32 Pflce ENGINEER'S ESTIMATE 8,00000 2,00 104,11900 3,00000 10,000,00 8.00 10,00 313,00000 9.00 38.00 0,15 10,00 17.00 25,00000 5,00 14.00 12500 8.00 30,00 51.00 100,00 110. 00 108.00 165.00 250,00 4,000,00 7,000.00 7,000,00 11 ,000, 00 20.000.00 9,00 1,200,00 1,700,00 1,00 4.50 4,00 43,900.00 15,500.00 12,00 1,000,00 37.00 78,00 2,20000 10,000,00 60,00 2,000.00 22,00 30,00 18.00 99,350.00 15.00 . Total 8,000,00 1,290,00 104,119,00 13,500.00 10,000,00 7,200.00 16,650.00 313,000,00 90,180,00 79,420,00 8,308,50 2,820.00 4,420.00 25,000,00 950,00 2,660,00 237,500.00 1,760,00 2,160.00 6,987.00 106,000.00 44,880.00 65,232.00 2,145,00 500.00 8,000,00 14,000,00 21,000.00 44,000.00 20,000,00 17,730.00 960.00 2,890.00 5,000,00 3,186.00 2,280,00 43,900,00 15,500.00 14,208.00 1,000.00 2,220,00 5,850.00 8,800.00 10,000.00 3,720.00 4,000,00 9,680,00 79,800,00 756.00 99,350,00 12,345,00 138,017,66 ,/42.tJ/4.1b CITY OF FEDERAL WAY MDEM (Q) ~ UM TO: City Council Land Use/Transportation Committee Chris Green, City Clerk( ~.. May 12, 1997 -- U FROM: DATE: SUBJECT: Professional Services Agreement for Hearing Examiner The city's contract with McCarthy, Causseaux and Rourke expires May 15, 1997. The professional services agreement has now been in effect for one year following last year's Request for Proposal. City staff feels the existing hearing examiner has been fair and equitable to all parties coming before him, and recommends extension of the contract for an additional one-year term, with an option to extend for a third year. There will be no increase in the total compensation for the examiner or related costs. The only changes extend the term of the current ageement and add an additional deputy hearing examiner to the existing list of attorneys. Attached is a copy of the proposed amendment, as well as a copy of last year's contract as informational. City staff respectfully requests the committee consider approving an extension of the hearing examiner's contract for McCarthy, Causseaux and Rourke for an additional one-year term, with an option to extend a third year. The committee's recommendation will then be forwarded to full Council on May 20. As I will be away from city hall the week of May 19, Director Iwen Wang will be present to answer your questions. Thank you. c: Ken Nyberg Philip Keightley Londi Lindell Iwen Wang Greg Moore Kathy McClung Bob Baker memocomm ~ 5;1 z/'it FIRST AXE!1D1IBI1'.r '00 . PROFESSIONAL SERVICES AGREEKBRT FOR HEARING EXAJaIlBR This First Amendment ("Amendment") is dated effective this 16th day of May, 1997, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City") and McCarthy, Causseaux, Rourke~ Inc. P.S, a Washington professional service corporation ("Hearing Examiner"). A. The City and. the Hearing Examiner entered into a Professional Services Agreement dated effective May 16, 1996, whereby the Hearing Examiner agreed to provide temporary professional services in the capacity of a Hearing Examiner ("Agreement"). . B. section 14.2 Modification of the Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. The parties desire to amend the Agreement to extend the term of the Agreement and to add Mark Burdelbrink as an additional Deputy Hearing Examiner to the list outlined in the original agreement. . .NOW, THEREFORE, the parties agree to the following terms and conditions: . 1. ~. section 2. of the Agreement shall be amended to extend the t.erm of the Agreement until May 15, 1998. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATEP the effective date set forth above. CITY OF FEDERAL WAY By: Kenneth E. Nyberg, City Manager 33530, 1st Way South Federal Way, Washington 98003 ATTEST: City Clerk, N. Christine Green McCARTHY CAUSSEAUX ROURKE, INC., P . S . By: Stephen K. Causseaux, Jr. President , 902 South 10th Street .Tacoma, WA 98405 (206) 272-2206 , Extend term only does not need Landi' s OR Ken' s signature or approval.. K:\Forms\AHENDTRH.PSA Rev. 10-10-95 '. , 46 q{¡- {Lf.g (~~ PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER This Professional Services Agreement ("Agreement") is dated effective this 16th day of May, 1996. The parties ("Parties") to this Agreement are the city of Federal Way, a Washington municipal corporation ("city"), and McCarthy, Causseaux, Rourke, Inc., P.S., a Washington professional service corporation ("Hearing Examiner") . A. The City seeks the temþorary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of a hearing examiner who is experienced in the areas of land use law, real property law, city planning and development, and is familiar with the City of Federal Way zoning and building codes and all other City codes, ordinances, resolutions, regulations or policies; and B. The Hearing Examiner has the requisite experience necessary to provide such services. skill and NOW, THEREFORE, the Parties agree as follows: 1. Services. The Hearing Examiner agrees to perform the following duties ("Services"): ~.1 Federal Way city Code. All duties described in, and pursuant to the jurisdiction, power and authority established in the Federal Way City Code Chapter 22, Division 3, section 22-81 through 85, as now existing or hereafter adopted or amended, together with such other or further Hearing Examiner services as may be required by the Federal Way City Code. 1.2 City Council. All duties, jurisdictions, powers, or authority requested and approved by the City Council. 1.3 Compliance with Laws. All duties shall be performed in accordance with all applicable federal, state, and City laws, including but not limited to King County and the city of Federal Way land use laws, State Environmental Policy Act ("SEPA"), Shoreline Management Act, Open Meetings Act, Rules of Evidence and all city codes, ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended. 1.4 Clerical Services. The Hearing Examiner shall furnish clerical services including, but not limited to, the typing of decisions, mailing decisions to parties of~record, and typing decisions on requests for reconsideration; and upon CC(Q)~1f '. ( ( request of the City, to furnish qualified personnel to mark exhibits, list names and addresses of parties of record, and record public hearings. 1.5 City Direction. All duties shall be performed pursuant to the direction of the city Manager or his or her designee. 1.6 Desiqnated Hearinq Examiner. Unless otherwise approved. to in writing by the city, the City hereby designates stephen K. Causseaux, Jr., as the City's Land Use Hearing Examiner; provided, however, that in the event MI. Causseaux is unavailable for any cause deemed reasonable by the City, the City hereby approves Terrence F. McCarthy, Keith McGoffin or Stephen Shelton to act in that capacity. . . 1.7 Performance Standard. All duties shall be performed in a manner consistent with accepted practices for other similar services, performed to the City's satisfaction, including, but not limited to conducting orderly and impartial hearings, creating a professional and courteous environment for applicants, citizens and staff; and the preparation of findings and conclusions which are understandable and based upon sound reasoning and all applicable law. When deemed appropriate, the Hearing Examiner will make site visits to familiarize himself with the site of the proposed land use and the surrounding area. 2. Term. The term of this Agreement shall be for a period of one (1) year commencing on May 16, 1996 and terminating on May 15, 1997 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the city and the Hearing Examiner. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated with or without cause by either Party. The city may cancel this Agreement qpon thirty (30) days oral or written notice to the Hearing Examiner. The Hearing Examiner may cancel this Agreement only upon thirty (30) days prior written notice to the city. 4. Compensation. 4.1 Total Compensation. In consideration of the Hearing Examiner performing the services, the City agrees to pay the Hearing Examiner an amount not to exceed Twenty-Seven Thousand Three Hundred Forty and no/100 Dollars ($27,340.00), calculated on the basis of the hourly labor charge rate - 2 - '. ( ( schedule for Hearing Examiner's personnel and reimbursable expense charges listed below: (a) stephen K. Casseaux, Jr. and Terrence F. McCarthy- $100.00 per hour (b) (c) Keith McGoffin and Stephen Shelton - $80.00 per hour Secretarial typing and mailing - $20.00 per hour (d) Attendance at hearings by Hearing Examiner personnel to mark exhibits and record proceedings - $10.00 per hour (e) Postage at cost, . photocopying at $0.10 per page. 4.2 Method of Payment. Payment by the city for the Services will only be made after the Services have been per~ormed, a voucher'" or invoice is submitted in the form specified by the City, which invoice shall specifically describe the Services performed, the name of Hearing Examiner's personnel performing such Services, the hourly labor charge rate for such personnel, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Hearinq Examiner Responsible for Taxes. The Hearing Examiner shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Representations. The Hearing Examiner represents and warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 6. Independent contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Hearing Examiner shall be an independent contractor and that the city shall be neither liable nor obligated to pay Hearing Examiner sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Hearing Examiner shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Hearing Examiner, shall not be deemed to convert this Agreement to an employment contract. - 3 - ( ( It is recognized that Hearing Examiner mayor will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Hearing Examiner's ability to perform the Services. Hearing Examiner agrees to resolve any such conflicts of interest in favor of the city. 7. Indemnification. 7.1 Hearina Examiner Indemnification. The Hearing Examiner agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, ari~}ng from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Hearing Examiner, its partners, shareholders, agents, employees, or by the Hearing Examiner's breach of this Agreement. Hearing Examiner waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Hearing Examiner's indemnification shall not be limited in any way by any limi tat ion on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 7.2 city Indemnification. The City agrees to indemnify and hold the Hearing Examiner, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by "the negligent acts, errors, or omissions of the City, its employees or agents. 7.3 Survival. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Equal Opportunity Employer. In all Hearing Examiner services, programs or activities, and all Hearing Examiner hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Hearing Examiner or by Hearing Examiner's employees, agents, subcontractors or representatives against any person because of - 4 - ( ( sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Hearing Examiner shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Hearing Examiner's breach, may result in ineligibility for further City agreements. 9. Confidentialitv. All information regarding the city obtained by Hearing Examiner in performance of this Agreement shall be considered confidential. Breach of confidentiality by Hearing Examiner will be grounds for immediate termination. 10. Insurance. The Hearing Examiner agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the city: 10.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 10.2 Commercial general liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death, products liability and property damage. 10.3 Automobile liability insurance with aggreg~te limits of liability not less than $250,000.00 for bodily injury, including personal injury or death and property damage. 10.4 Professional liability insurance with combined single limits of liability not less than $1,000,000 for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Hearing Examiner. The City shall be named as additional insured on all such insurance policies, with the exception of professional liability - 5 - ( ( and workers' compensation coverages. Hearing Examiner shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the city. If Hearing Examiner's insurance policies are "claims made" or "claims paid", Hearing Examiner shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Hearing Examiner's failure to maintain such insurance policies shall be grounds for the City's immediatè termination of this Agreement. The provisions of this section shall survive the expiration or termination of this Agreem~nt with respect to any event occurring prior to such expiration or termination. 11. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks ,magnetic media or material which may be produced or modified by Hearing Examiner while performing the Services shall belong to the city. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Hearing Examiner shall be delivered to the city. 12. Books and Records. The Hearing Examiner agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 13. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the city will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the city in the event this provision applies. - 6 - (' (:- General Provisions. 14. 14.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 14.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 14.3 Full Force and Effect. Any provision of this Agreement which is declared.invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 14.4 Assiqnment.~ Neither the Hearing Examiner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 14.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 14.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 14. 7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the city to declare one breach or default does not act as a waiver of the city's right to declare another breach or default. 14.8 Governinq Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 14.9 Authority. Each individual executing this Agreement on behalf of the City and Hearing Examiner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Hearing Examiner or the City. 14.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. - 7 - '. ( ( Any notices may be delivered personally to the addressee of the notice or may be deposited in the united states mail, postage prepaid, to the address set forth below. Any notice so posted in the united states mail shall be deemed received three (3) days after the date of mailing. 14.11 captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 14.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. .Adherence to completion dates set forth in the description of the Services is essential to the Hearing Examiner's performance of this Agreement. 14.13 Remedies "'Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 14.14 Counterparts. This Agreement may be executed 'in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 14.15 the City's a result Agreement, the City's Compliance with Ethics Code. If a violation of Ethics Resolution No. 91-54, as amended, occurs as of the formation andjorperformance of this this Agreement may be rendered null and void, at option. 14.16 Equal Opportunitv to Draft. The parties have participated and 'had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. DATED the day and year set forth above. CITY OF FEDERAL WAY ~ f'¡i/I! By: . . .' Y V&;.~ ' ~nnet E. Nyberg, City 33530 1st Way South Federal Way, WA 98003 Manager - 8 - ( ( ATTEST: ,"'- CMC APPROVED Æ TO FORM: ~~ll McCARTHY CAUSSEAUX ROURKE, INC., P. S . By: stdtr~¡¿~ Its: !to/tit'>'!! (Title) 902 South 10th Street Tacoma, WA 98405 (206) 272-2206 (phone) (206) 272-6439 (facsimile) K:\PSA\HEAREXAM.CSX 5-6-96 - 9 -