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LUTC PKT 04-07-1997April 7, 1997 5:30 pm City of Federal Way City Council Land Use/Transportation Committee AGENDA City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. BUSINESS ITEMS A. School Impact Fee Update Info Jody Putman FW School District B. Federal Way Learning Center Action McCormick/ 15 min C. Legislative Position on Gas Tax/ Action Keightley/10 min Support for Transportation Funding D. Sounding Board Info Perez/10 min E. Code Amendment for Modification Criteria Action Roe/ 15 min of Street Standards F. Briefing on Bellacarino Surface Water Info Pratt/ 15 min Problem G. Briefing on Sign Code Enforcement Info Mumma/15 min 5. OTHER ITEMS 6. FUTURE MEETINGS/AGENDAS 7. ADJOURN Committee Members: City Staff. - Phil Watkins, Chair Greg Moore, CDS Director Ron Gintz Sandy Lyle, Administrative Assistant Mary Gates 661-4116 IALU-TRANMAPOLUT.AGN March 17, 1997 5:30pm City of federal Way City Council Land C, �se/Transportation Committee SUMMARY City Hall Council Chambers In attendance: Committee members Phil Watkins (Chair), Ron Gmtz and Mary Gates; Director of Community Development Services Greg Moore; Public Works Director Cary Roe; Management Services Director Iwen Wang; Assistant City Attorney Bob Sterbank; Street Systems Manager Ken Miller; Surface Water Manager Jeff Pratt; Traffic Engineer Rick Perez; Administrative Assistant Tina Piety. 1. CALL TO ORDER The meeting was called to order at 5:30 pm by Chairman Phil Watkins. 2. APPROVAL OF MINUTES The minutes of the March 3,1997, meeting were approved as presented. 3. PUBLIC COMMENT Bob Griebenow, representing the Federal Way Chamber, encouraged Council to support funding for improved transportation. The current gasoline tax has failed to keep pace with demand and inflation. 4. BUSINESS ITEMS A. School Impact Fee - By ordinance the School District Capital Facilities Plan is reviewed annually. The review generated changes in School Impact Fees. School Impact Fees were proposed to beincreased. Following discussion and testimony, the Committee m/s/c acceptance of a revised impact fee scale based upon revised student numbers and facility capacity numbers. The recommendation will be considered by the City Council at its April 1, 1997, meeting. B. South 356th Regional Storm Water Control Facility/100% DesjgApproval & Authorization to Bid -The proposed South 356th Regional Stormwater Control Facility design has been completed. This proposed facility will service a drainage basin bounded by South 341st Place on the North, SR99 on the west, South 356th Street on the south and I-5 on the east. The scope of the original project has been modified to include a conveyance line along what will one day be South 352nd Street from the pond to SR161. This project has been delayed for a year due to a lengthy property acquisition process. The project budget may require a Council approved adjustment due to costs associated with property acquisition. Staff will seek any necessary budget adjustment after bids are received and more accurate costs are known. The Committee recommended approval of the project to the City Council at its March 18, 1997, meeting. Also recommended was authorization to bid the project. C. Oil Rebate Grant Application - As part of a settlement of a suit against oil companies for price fixing, the State of Washington received $4.2 million that is being disbursed to local agencies for transportation improvements that reduce fuel consumption in a one-time grant program. Based upon current needs and grant application criteria, staff recommends that Federal Way submit an application for construction of improvements for the intersection of SW 340th Street and Hoyt Road SW. Preliminary cost estimates total $381,000. Of this amount, $200,000 would be paid from the grant, $75,000 in traffic mitigation funds and the remainder of the cost funded from contingency funds for the bond measure projects. The Committee m/s/c recommendation of approval of the grant application to the City Council at its March 18, 1997, meeting. If approved, the Committee further recommends appointment of a Blue Ribbon Committee to consider allocating $106,000 from bond contingency funds for this project. D. Final Acceptance 1996 Sidewalk Improvement Program - The Committee m/s/c the recommendation to the City Council to accept as complete the 1996 Sidewalk Replacement construction project. The final cost for the 1996 Sidewalk Replacement was $83,935.55 which is $595.95 below the approved revised contract budget. Work was completed by RAM Contractors, Inc. E. SW 340th & 35th SW Bond Project Final Acct - The Committee m/s/c the recommendation to the City Council to approve as complete the SW 340th Street and 35th Avenue SW Traffic Signal Contract. Final cost, including the missing sidewalk to the north on 35th Avenue SW that was added by the committee, is $126,907.55 which is $2,153.01 below the approved construction contract budget of $129,060.56 (including contingency). Work was completed by Signal Electric, Inc. F. BPA Trail Corridor Phase II/Authority to Award Contract - This project was originally bid on August 16, 1996. Due to discrepancies in the DBE requirements, the Lloyd Enterprises, Inc., bid was deemed non-responsive. The Council approved the termination of the contract with Lloyd Enterprises, Inc., and approved to allow the rebidding of the BPA Trail Corridor Phase If. Ten competitive bids were received from firms qualified to complete all contractual options. The Committee recommended to the City Council award of the lowest responsive, responsible bid to Westmark Excavating for $456,866.88. Council will consider the recommendation at the March 18, 1997, meeting. G. Street L=Mement Standards for Gravel Roads - In 1995, the Land Use/Transportation Committee directed staff to continue requiring gravel street improvements consistent with City policy/code. Recently, Mr. and Mrs. Greg Valleton provided public comment concerning the hardship and inequity that the current City policy/code imposes on them. As a result of direction from the City Manager, Public Works staff has proposed that currently existing gravel streets will not be improved by the City but will be improved by a developer with the provision for a Late Comers Agreement or Local Improvement District (LID). The application for = single family home permit by an individual homeowner will not require making improvements to an existing gravel street, but will require signing a No Protest LID Agreement. The application for two or more single family home permits will require improvement to the existing gravel street consistent with the current City Code Section 22-1525. Maintenance of gravel streets will continue to be the responsibility of the abutting private property owners and not the City of Federal Way. Following discussion, the Committee directed Public Works staff to consider each occurrence on a case by case basis and to work within the existing City Code to grant the Valletons a street improvement modification that does not require improvement to the entire gravel road, but does require improvements to the gravel road along the property frontage. In addition, staff may be directed to prepare a draft fifth criteria for granting street improvement modifications that utilize a threshold of 75 % development of abutting properties for determining whether or not the entire gravel road should be improved of just the property frontage. 5. OTHER ITEMS There were no other items to discuss. 6. FUTURE MEETINGS/AGENDAS The next meeting will be April 7, 1997. 7. ADJOURN The meeting was adjourned at 7:40pm. I: LU-TRANSMARMUT.SUM CITY OF FEDERAL WAY MEMORANDUM Date: Apri14, 1997 To: Federal Way City Council Land Use and Transportatio Committee From: Iwen Wang, Management Services Director Subject: 1996/97 Federal Way School District Draft Capital Facilities Plan As requested by the Committee, attached is a copy of the 1996/97 draft capital facilities plan for the Federal Way School District for your review. The plan will be reviewed and possibly adopted by the Board of Education on April 14, 1997. The preliminary data shows the impact fee could be $2,372 for single family units. The data for multifamily units is still being compiled. However, the preliminary calculation at this time shows $696 per unit. This is compared to $2,391 and $1,373 per unit for single and multi -family units, respectively, in the 1995/96 capital facilities plan. kAFinance\*\CVRMEMO.DOC FED ERA LY PUBLIC SCHOOLS V4 31405 18th Avenue South Federal Way, WA 98003 (206) 945-2000 Web Site: htto://www.fwsd.wednet.edu Superintendent Thomas J. Vander Ark April 3, 1997 Iwen Wang City of Federal Way 33530 1st Way S Federal Way WA 98003 Dear Iwen , Board of Education Linda Hendrickson Holly Isaman Joel Marks Ann Murphy Gail Pierson Enclosed please find a draft copy of the Federal Way School District 1996/97 Capital Facilities Plan. This plan will be presented to the Board of Education on April 14, 1997 for possible adoption. The District is still in the process of collecting information on student generation from multi -family housing. This information will be early the week of April 7. If there are changes to the information sent in this draft, we will send you the revised pages. If you have questions or comments on the plan, please call me at 945-2071. Sincerely, Geri Walker MIS Specialist Federal. Way School District No. 210 1996/97 Capital Facilites Plan FEDERAL WAY SCHOOL DISTRICT 1996/97 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Linda Hendrickson Holly Isaman Joel Marks Ann Murphy Gail Pierson SUPERINTENDENT Thomas J. Vander Ark DEVELOPED BY Jody Putman, Director, Business Services Geri Walker, MIS Specialist FEDERAL WAY SCHOOL DISTRICT #210 1996/97 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS ........................................ i INTRODUCTION.................................................. ii -iv SECTION I THE CAPITAL FACILITIES PLAN Introduction............................................................. I-1 Inventory of Educational Facilities ............................. I-2 Inventory of Non -Instructional Facilities .................... I-3 Needs Forecast - Existing Facilities .......................... I-4 Needs Forecast - New Facilities .............................. I-5 Six Year Finance Plan .............................................. I-6 SECTION H MAPS OF DISTRICT BOUNDARIES Introduction............................................................. H-1 Map - 1996/97 Elementary Boundaries .................... II -2 Map - 1996/97 Junior High Boundaries .................... 11-3 Map - 1996/97 Senior High Boundaries ................... II -4 SECTION III SUPPORT DOCUMENTATION Introduction............................................................. III -1 Building Capacities ................................................... III -2 Portable Locations ................................................... III -4 Student Forecast...................................................... III -6 Capacity Summaries ................................................. III -8 King County Impact Fee Calculations ....................... III -13 SECTION IV SUMMARY OF CHANGES FROM THE 1999/96 PLAN IV -1 INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and ESHB 1025 (1991), and under the School Impact Fee Ordinances of King County Code 21A effective' September 15, 1993, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, and the City of Kent Ordinance No. 3260 effective March 1996, the Federal Way School District has updated its 1995/96 Capital Facilities Plan as of April 1997. This Plan has been adopted by King County, the City of Kent and the City of Federal Way and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Auburn and City of Des Moines have not adopted a school impact fee ordinance. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area which encompasses the Federal Way School District boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction which requires its use. to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. At this time, the Federal Way School District is evaluating the need for and possible timing of future bonds. The District is in the process of rewriting the Strategic Plan. This process is being done to comply with the requirements of the State education goals under ESHB 1209 "Education Reform Act of 1993". The results of this planning procedure will assist, among other things, the District to determine the future housing needs of students. This process may ,require the District to consider educational options such as year-roun& schooling with tracks, extended days, or other alternatives. f INTRODUCTION (continued) The Citizens Long -Range Facilities Planning Committee was formed in August 1995. The charge of this committee was to consider and make recommendations in the form of an integrated plan which addresses needs in 3 specific areas; building capacity and alternates to building new facilities, building functionality and the kind of facilities that should be developed to support current and future education programs needs, and preservation of capital assets and maintenance levels. The Committee studied financial needs, standard of service for the District, alignment with the District Strategic Plan, and the District's current policies and regulations. Following eight months of study and deliberation the Committee recommended making specific improvement to the facilities of the Federal Way School District to preserve their functionality. The improvements included roofing, heating and ventilation, domestic water service, lighting, electrical service for technology, bus/auto separation, safe playgrounds interior and exterior finishes and ADA accessibility. The total projected cost of the improvements is $12.2 million. The Board of Education approved funding for Phase 1 of this plan in March of 1996 and construction will be substantially complete in April 1997. Phase H of the plan which includes accessibility, finishes, vehicle separation and playground safety will before the Board for funding authorization in March of 1997. The Board has also approved $3 million to address the facility related program issues identified by the committee and the site based leadership teams. Phase II of the program issue work will be completed by December of 1997 is approved by the Board. The Committee findings determined that Harry S. Truman High School needed extensive work to bring the building to minimum fiinctionality in the current structure. Even if this work was completed, the building would not meet the program needs of this alternative high school. The District is studying options to house the Harry S. Truman High School population in a facility that meets the demands of the high school curriculum and serves . the District Community. This will increase capacity for the alternative programs in the District. In order to pursue additional improvements and to meet program and capacity needs, the Committee is recommending the District approve a Study and Survey of all District facilities. The District is also studying the impact of revised grade spans as they relate to curriculum development, student achievement and the corresponding effect new grade configurations would have on student capacity. This study is in the initial stages, and no recommendation for change has been presented to the community or to the Board of Education. No fees are reflected in the calculation of impact fees at the senior high level. At the present time, the District is not considering building any new senior high facilities to house the growing population. The District will use temporary facilities (portables) in the near term to handle the increasing population. R1 INTRODUCTION (continued) On January 13, 1997 the Board of Education adopted a ten year Real Estate Plan. This plan deals with long term use of current land and the acquisition of additional land to meet student population projections in the 20 year planning window. The plan recommends surplusing land that is not deemed suitable for school construction for any reason, and the purchase of one additional elementary site. The District is currently reviewing options for the purchase of this additional site. iv SECTION I - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for the Federal Way School District 9210. This is followed by a Financial Plan which shows expected funding for any new construction and modernization needs listed. I-1 INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS Adelaide 1635 SW 304th Street Federal Way 98023 Brigadoon 3601 SW 336th Street Federal Way 98023 Camelot 4041 S 298th Street Auburn 98001 Enterprise 35101 5th Avenue SW Federal Way 98023 Green Gables 32607 47th Avenue SW Federal Way 98023 Lake Dolloff 4200 S 308th Street Auburn 98001 Lake Grove 303 SW 308th Street Federal Way 98023 Lakeland 35675 32nd Avenue S Auburn 98001 Mark Twain 2450 S Star Lake Road Federal Way 98003 Meredith Hill 5830 S 300th Street Auburn 98001 Minor Lake 625 S 314th Street Federal Way 98003 Nautilus 1000 S 289th Street Federal Way 98003 Olympic View 2626 SW 327th Street Federal Way 98023 Panther Lake 34424 1st Avenue S Federal Way 98003 Rainier View 3015 S 368th Street Federal Way 98003 Sherwood Forest 34600 12th Avenue SW Federal Way 98023 Silver Lake 1310 SW 525th Place Federal Way 98023 Star Lake 4014 S 270th Street Kent 98032 Sunnycrest 24629 42nd Avenue S Kent 98032 Twin Lakes 4400 SW 320th Street Federal Way 98023 Valhalla 27847 42nd Avenue S Auburn 98001 Wildwood 2405 S 300th Street Federal Way 98003 Woodmont 26454 16th Avenue S. Des Moines 98198 JUNIOR HIGH SCHOOLS Illahee 36001 1st Avenue S Federal Way 98003 Kilo 4400 S 308th Street Auburn 98001 Lakota 1415 SW 314th Street Federal Way 98023 Sacajawea 1101 S Dash Point Road Federal Way 98003 Saghalie 33914 19th Avenue SW Federal Way 98023 Totem 26630 40th Avenue S Kent 98032 SENIOR HIGH SCHOOLS Decatur 2800 SW 320th Street Federal Way 98023 Federal Way 30611 16th Avenue S Federal Way 98003 Thomas Jefferson 4248 S 288th Street Auburn 98001 ALTERNATIVE SCHOOLS Merit School 31455 28th Ave S Federal Way 98003 Harry S. Truman High School 31455 28th Ave S Federal Way 98003 z-2 CURRENT INVENTORY NON -INSTRUCTIONAL FACILITIES Developed Property Administrative Building MOT Site Central Kitchen Federal Way Memorial Field Security/Science Kit Undeveloped Property 31405 18th Avenue S 1066 S 320th Street 1344 S 308th Street 1300 S 308th Street 33818 9th Avenue S Site # I Location 9 27th Avenue SW & Dash Point Road 23 SW 360th Street & 3rd Avenue SW 35 S 351st Street & 52nd Avenue S 40 E of 10th Avenue SW Between SW 334th & SW 335th Streets 63 E of 47th Avenue SW & SW 314th Place '1 S 344th Street & 46th Avenue S ,2 36600 block of Pacific Highway S 84 3737 S 360th Street 96 S 308th Street & 14th Avenue S 98 35706 16th Avenue S Notes: Federal Way 98003 Federal Way 98003 Federal Way 98003 Federal Way 98003 Federal Way 98003 Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. I-3 NEEDS FORECAST - EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Illahee Junior High Modernization 1 Various schools and' support Technology updates, (1) services buildings - facility expanded parking equity facilities, various environmental system replacements, exterior lighting improvements and ADA accessibility. Truman High School Modernization with (1) w expansion Purchase and Relocate Interim Capacity (1) Portables Elementary Site Ac uisition Future ElementarySchool 1 Notes: (1) Anticipated source of funds is state matching funds, Impact fees, future bond issues or nonvoted debt issues. A school district is entitled to issue non -voted debt up to 3/8 of 1% of the assessed valuation of the district. I-4 NEEDS FORECAST - NEW FACILITIES Notes: (1) Construction of Maintenance, Operations and Transportation (MOT) site is dependent on sale of current MOT site. I-5 EST % OF YEAR YEAR EST PROJECT NEW NEEDED AVAIL FUND FOR NEW FACILITY LOCATION 1 2 SOURCE STUDENTS MOT Site 1 Unknown N/A N/A N/A N/A Notes: (1) Construction of Maintenance, Operations and Transportation (MOT) site is dependent on sale of current MOT site. I-5 FEDERAL WAY SCHOOL DISTRICT #210 - 1996/97 CAPITAL FACILITIES PLAN Six Year Finance Plan Secured Funding Sources 1997 1998 1999 20002001 2002 Total Revenue Impact Fees (1) 100,000 $100,000 Land Sale Funds (2) 1,000,00 $2,346,724 5250,000 5526,000 5602,000 53,724,724 State Match Funds (3) 11,076,505 5,843,600 S16,920,105 OTAL $11,176,505 $5,843,600 $2,346,724 $250,000 5526,000 $602,000 $20,744,829 11 Unsecured Funding Sources 1997 State Match Funds (6) 1,000,00 Bond or Levy Funds (4) 2001 Land Fund Sales (7) 1,000,00 ,Impact Fees (5) 1,135,97 OTAL $3,135,970 NEW SCHOOLS 1997 1998 1999 2000 2001 2002 Total Cost 0 0 MODERNIZATIONS Hunan Senior High (alternative) 5,232,694 5,232,69 0 TEMPORARY FACILITIES 0 Portables (8) 736,000 368,000 276,000 552,000 1,932,00 V OTHER Safety Improvements (9) 7,390,505 4,825,600 12,216,105 Facilities Department 250,000 250,000 50,000 50,000 50,000 50,000 700,000 Technology System Improvements 2,800,000 400,000 200,000 200,000 200,000 3,800,000 OTAL 511,176,505 $5,843,600 $5,482,694 $250,000 5526,000 $602,000 $23,880,799 NOTES: I. These fees are currently being held in a King County and a City of Federal Way impact fee account, and will be available for use by the District for system improvements. 2. These funds come from various sales of land and are set aside for estimated expenditures. 3. Guaranteed state match reimbursements. 4. These funds, if secured, will be used for future projects. 5. These are projected fees based upon known residential developments in the District over the next six years. 6. These funds are projected state matching funds. 7. These funds are projected land sale income. 8. These fees represent the cost of siting new portables. 9. These projects have been approved by the Board of Directors and covers most schools. These projects do not increase capacity. FINANCEAss 4/3/97 1:38 PM I-6 SECTION H - MAPS OF DISTRICT BOUNDARIES The Federal Way School District (the District) has twenty-three elementary schools (grades K-6), six junior high schools (grades 7-9), three senior high schools (grades 10-12) and two alternative schools (grades 7-12) for the 1996/97 school year. On April 20, 1996 the Federal Way School District Board of Education adopted the 1996/97 boundaries for these schools. The following maps show the service area boundaries for each school for each grade level (the alternative schools, Harry S. Truman High School and Merit School, serve students from throughout the District). The identified boundaries will not change in the near future unless it becomes necessary to relieve overcrowding in schools. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. 1996/97 ELEMENTARY SCH001, BOUNDARIES E —_�- I G H ----- ---- - ---- ---- I --- ------------- --------- FEDERAL WAY SCHOOL DISTRICT No. 210 ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS Code Code 10Adelaide C-6 64 Illahee E-9 16 Brigadoon B-6 66 Kilo G-6 22 28 Camelot G-5 62 Lakota 05 22 Enterprise 0-9 61 Sacajawea E-5 14 Green Gables A-7 70 Saghalle C-8 30 Lake Dolloff G5 65 Totem G-3 11 Lake Grove D5 8 Merit F5 A 33 Lakeland F-9 2 Mark Twain F-4 29 Meredith Hill H-5 SENIOR HIGH SCHOOLS 3 3 Mirror Lake E-6 5 Nautilus E-5 Code is Olympic View C-7 21 Panther Lake E-8 80 Decatur C-6 37 Rainier View F-10 81 Federal Way E-5 41 Sherwood F0 mat D-8 83 Thomas Jefferson G-4 24 Silver Lake 0-7 8 Harry S. Truman F-6 MAof 2 Star Lake G-3 8 Merit F-6 2: Sunnycrest G-2 13 Twin Lakes B-6 27 Valhalla G-4 Future School Sites — 4 4 7 Wildwood F5 Surplus Sites — I Woodmont F-3 100 Educational Service Center F-6 2" 99 Future Support Services E-0 Code --a97 Maintenance -operations -Transportation E-6 Parks — A B FEDERAL WAY. WASHINGTON and VICINIT r •22 V. A 141 P-01 f 5A, L ez Wd ILIMW op A-INF1 TvAsw K'NIP, P RrZ710 iHaw INF: -5t �A 98 erg M 1996 - 97 Junior High School Boundaries F G --------- - - ES ----- FEDERAL WAY SCHOOL DISTRICT No. 210 . ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS Z Code Code 1: Adelaide C-6 64 Illahee E-9 I Bd:adoon B-8 66 Kilo G4 28 -5 Camelot G2 Lakota D-6 22 Enterprise D-9 :1 Sacajawea E-5 14 Green Gables A-7 70 Saghalle C-8 30 lake Dolloff G-6 65 Totem G-3 11 Lake Grove D-6 8 Merit F-6 33 Lakeland F-9 2 Mark Twain F-4 2: Meredith Hill H-5 SENIOR HIGH SCHOOLS 3 3 Mirror Lake E-6 5 Nautilus E-5 Code Is Olympic View C-7 21 Panther Lake E-8 80 Decatur C-6 37 Rainier View F-10 81 Federal Way E-5 41 Sherwood Forest D-8 83 Thomas Jefferson G-4 W"Omo 2 S 9 27t 24 Silver Lake D-7 8 Harry S. Truman F-6 W 26 Star Lake G-3 8 Merit F-6 25 Sunnycnst G.2 t 13 Twin Lakes B-6 4 27 Valhalla G-4 Future School Sites — 4 7 VAIdwood FS Surplus Sites i Woodmont F-3 M. 100 Educational Service Center F-6 206 KIMa 9 Future Support Services E-8 Cod.-- 7 Maintenance-Operations-Transportation E-6 .0 11128M.— Parks — 3 B FERAL WAY, WASHINGTON end VICINIT 6 6. rnwrjr,31 A 7 36 i B 8 WE * S W311 I St 9 9 $3 3" % 10 to - Federal Way Public Schools 1 T— p. ru..inr & F-ifid. i Kin. C.L 3" M t 3 ,.WA— 1— 11 E F G 1996 - 97 Senior High School Boundaries SECTION III - SUPPORT DOCUMENTATION Building Capacities = The Education Program Portable Locations Student Forecast - 1997 through 2002 Capacity Summaries King County Impact Fees - Single and Multi Family Units Building_ Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. The District has identified a Building Program Capacity for each of the schools in the District. This Full Time Equivalent (FTE) capacity is based on: the number of classrooms available in each school any special requirements at each school the average class load district wide In general, the District's current standard provides that the average class size for a standard classroom for grade K-3 is 24 students, for grade 4-12 is 27 students, Gate classrooms are 25 students, individual education programs classrooms are 15 students, and special education classrooms are 12 students. This size is determined based upon current ratios and trends as well as the classroom physical size. Educational Program Capacities change every year. This analysis is for the 1996/97 school year. The capacity of an individual school could and does change at any time depending on program changes which may require additional space. FEDERAL WAY SCHOOL DISTRICT #210 - 1996/97 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING JUNIOR HIGH BUILDING PROGRAM CAPACITY PROGRAM CAPACITY Adelaide 503 Briadoon 503 Camelot 377 Enterprise 503 Green Gables 477 Lake Dolloff 503 Lake Grove 477 Lakeland 477 Mark Twain 503 Meredith Hill 477 Mirror Lake 352 Nautilus 503 Olympic View 402 Panther Lake 503 Rainier View 427 Sherwood Forest 503 Silver Lake 503 Star Lake 503 unnycrest 402 Twin Lakes 503 Valhalla 477 Wildwood 427 Woodmont 452 1996 TOTAL 10,757 Elementary Average I 468 7-1 Notes: Illahee 885 Kilo 873 Lakota 770 Saca'awea 799 Sa halie 803 Totem 770 1996 T TAL 4,900 Junior High Average 817 SENIOR HIGH BUILDING PROGRAM CAPACITY Decatur 1,116 Federal Way 1,252 Thomas Jefferson 1,193 1996 TOTAL 3,561 Senior High Average 1,187 ALTERNATIVE SCHOOL BUILDING PROGRAM CAPACITY Merit School Truman High School 194 1996 TOTAL 210 Elementary program capacities are based on the number of teaching stations in the building, average class size, and special use classrooms in place during the 96/97 school year. All available instructional space is calculated. Constraints on multiple use classrooms (e.g. gym teaching stations, music rooms) are in place. Secondary program capacities are based on average class size, using regular classrooms six periods per day, and special use classrooms in place during the 96/97 school year. For the senior highs we use 90% of this calculated capacity. Capacity at Totem Junior High increased by one regular use classroom (27 seats) and one special education classroom (12 seats) with the locker bay removal. The locker bay removal at Thomas Jefferson increased common area capacity with the addition of a small cafeteria. This modification allows increased student capacity if portables are sited at the school. CAPALLMS III -3 Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students until permanent facilities can be built or boundary adjustments can be made. When permanent facilities become available, the portable(s) is either moved to another school for an interim classroom, or used for other purposes such as storage or child care programs. Some portables may not be fit to move due to age or physical condition. In these.cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of the Federal Way School District that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by the Federal Way School District. III -4 FEDERAL WAY SCHOOL DISTRICT #210 - 1996/97 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLES LOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT SENIOR HIGHS PORTABLESLOCATED AT JUNIOR HIGHS Qamucnom" NON VWMtlCnONAL Adelaide Kilo 3 1 Bri adoon 1 Saca•awea Camelot 2 2 Enterprise 1 Green Gables TOTAL 11 1 Lake Do to 1 Lake Grove 2 Lakeland Mark Twain 1 1 Meredith Hill Mirror Lake 1 1 Nautilus Olympic View 1 1 Panther Lake 2 1 Rainier View 2 Sherwood Forest 5 Silver Lake 4 Star Lake 4 Sunn crest Twin Lakes 2 1 Valhalla Wildwood 2 Woodmont 2 TOTAL 31 6 PORTABLESLOCATED AT JUNIOR HIGHS PORTABLES LOCATED AT SUPPORT FACILITIES Science & Testing Kits NON uwmucnONAL NMUMONAL Illahee 3 Kilo 3 1 Lakota 1 Saca•awea 1 Sa halie 2 Totem 1 TOTAL 11 1 PORTABLES LOCATED AT SUPPORT FACILITIES Science & Testing Kits NON VWMUMONAL INSf1U MONAL Decatur 4 Federal Way 1 Thomas Jefferson 1 Truman/Merit 5 1 TOTAL 4 TOTAL 10 1 PORTABLES LOCATED AT SUPPORT FACILITIES Science & Testing Kits 1 5 -Mile Lake 1 Purchasing 1 Clothing Bank 1 TOTAL 4 Student Forecast The District has several methods available to forecast the number of students it anticipates in future years. For the last seven years we have used a computer software program called Microsam, developed by The Omega Group. During this time period, the district forecast has been within 2% of actual October 1st attendance. This year the District is also using a program called Enrollment Master and a statistical trend method for comparison. Enrollment Master is a statistical model that uses feeder school information, cohort survival, and historical student data to forecast future student enrollment. _. An Enrollment Projection and Capacity Study was completed in November of 1996. This study was prepared by a committee of patrons, consultants and staff. The findings of this study are consistent with the program capacity analysis used for this document. The enrollment forecast in the study projects population growth consistent with the school district projections for a twenty year planning window. The study indicates that this growth will occur earlier in the planning cycle than the District forecast. This difference in still being evaluated and verified. For immediate planning estimates, the District is using the more conservative near term projections for student population growth. These projections reflect a similar age trend in student populations as the projections published by the Office of Financial Management of the State of Washington. III -6 FEDERAL WAY SCHOOL DISTRICT #210 -1996/97CAPITAL FACILITIES PLAN FEDERAL WAY SCHOOL DISTRICT STUDENT FORECAST Actual - - - - - - Projected - - - - - 1996 1997 I 1998 I 1999 I 2000 I 2001 I 2002 ELEMENTARY SCHOOLS K 1,626 1,685 1,710 1,733 1,758 1,782 1,806 1 ................................ 1,790 ....................... 1,690 .............. ...-.». 1,782 ... .................... 1,787 ........................ 1,806 ........... ........... 1,844 ......... .............. 1,870 ........... -.......... 21,730 1,676 1,776 1,674 1,762 1,788 1,813 1,849 3 1,700 1,725 1,801 1,653 1,781 1,808 1,855 4 1,6091,699 1,790 1, 83 7 1,709 1,678 1,884 5 ................................ 1,601 1,614 _.......... ..........___........... 1,686 1,73 9 ................_...................._......_............_.. 1,781 1,776 1,770 _..................... 6 1,620 1,5931 1,615 1,672 1,724 1,718 1,702 JUNIOR HIGH SCHOOLS 7 ............................................................................................................................................................................................. 1,664 1,713 1,700 1,716 1,757 1,734 1,775 8 .................................................................................-..................... 1,645 1,643 1,63 01,63 9 1,633 1,633 ....-........................ 1,699 9 1,676 1,674 1,675 a.........................-........................ 1,661 1,650 1,665 1 701 SENIOR HIGH SCHOOLS 10 ................................ 1,535 ....................... 1,584 ........................ 1,563 ........ _............. 1,576 ............................................. 1,575 1,567 ........................ 1,567 ....................... 111,439 ................................ ....................... 1,481 ............... _._._ 1,526 ......... _........... 1,522 ............................................. 1,523 1,517 ............................................. 1,502 12 1,225 1,295 1,296 1,313 1,311 1,311 1,310 ENROLLMENT - HEADCOUNT SUMMARY Elem (HC) 11,676 ....... 11,782 ......_........... ... 12,058 ....................... 12,183 ............................................. 12,347 12,419 ................._-........................ 12,736 JE.nh 4.985 ................... 5,030 _...... 5,005 .......... _........... 5,016 ........................ 5,040 ....................... 5,032 .................. ............................ 5,155 Sr Hi h 4,199 4,360 4,385 4,411 4,409 4,395 4,379 TOTAL (HC) 20,860 21,172 21,448 21,610 21,796 21,8461 22,270 ENROLLMENT - FULL TIME EQUIVALENT (FTE) SUMMARY Elem (FTE) ...................................................................................................................................................................... 10,863 10,940 11,203 11,317 11,468 11,528 11,833 7r.Hij�h 4,985 5,030 .... 5,005 .................................................................................................................. 5,016 5,040 5,032 5,175 SrHigh 4,199 4,360 4,385 4,411 4,409 4,395 4,379 TOTAL (F'TE) 20,047 20,330 20,593 20,7441 20,917 20,9551 21,387 CFPFCS97.XLS `7AA PM III -7 H•NS Capacity Summaries All Grades, Elementary, Junior High, and Senior High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the district to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary,. junior high, and senior high levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. III -8 FEDERAL WAY SCHOOL DISTRICT #210 -1995196 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - ALL GRADES ENROLLMENT Basic FTE Enrollment 20,047 120,330 120,593 120,744 t10,917 120,955 21,387 SURPLUS OR (UNHOUSED) Actual - - Projected - - CAPACITY 1996 1997 1998 1999 2000 2001 2002 BUILDING PROGRAM (1,216) (1,389) (1,427) 1,825 CAPACITY 681 599 CAPACITY 19,389 19,428 19,428 19,428 19,528 19,528 19,528 Add or subtract changes in capacity due to construction :�\l '.:� "� 4.'%}i: �.k • .....:.:...::..:. :i{•i:'i`::fii\';:CiS :M:tiii.>-i: }.}i}? :; :St\.e•,•}'}•.., `: y••^ ?2:::: :J:{:4v\: '�'� .'.�: '•.fi,: or remodel � .�Q:A}.:44\:•]i'- Totem (2) 39 $.' ,•,>, : ha„>. :,, wok .,:, _•. r:<., Truman (3) Adjusted Program Capacity 77t9,428 19,428 i 19,428 19,528 119,528 19,528 19,528 ENROLLMENT Basic FTE Enrollment 20,047 120,330 120,593 120,744 t10,917 120,955 21,387 SURPLUS OR (UNHOUSED) 1,300 1,300 1,500 100 1,600 U 1- 1,600 1,675 A50, - PROGRAM CAPACITY (619) (902) (1,165) (1,216) (1,389) (1,427) 1,825 RELOCATABLE CAPACITY Current Portable Capacity acit� Add new rtablc cap.11' 1,300 1,300 1,500 100 1,600 U 1,600 0 1,600 1,675 A50, - Adjusted Portable Capacity 1,300 1,500 1 1,600 1,600 1,600 1,675 1,825 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE 1 1 1 1 CAPACITY 681 599 435 385 211 248 (34) NOTES: I. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. Locker bay removal 3. This permanent capacity is projection only. This information will be confirmed when the actual architectural plans are complete. CAPSUM97.XLS 4/3/97 12:43 PM FEDERAL WAY SCHOOL DISTRICT #210 -1995/96 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - ELEMENTARY SCHOOLS ENROLLMENT -- Basic FTE Enrollment 10,863 110,940 111,203 1 11,317 111,468 111,528 111,8331 SURPLUS OR (UNHOUSED) Actual - - Projected - - CAPACITY 1996 1997 1998 1999 2000 2001 2002 BUILDING PROGRAM 1 (560) 1 (711) 1 (771) 1(71,076) Move ponablc capacity (from Scnior high) 669 593 CAPACITY 10,757 10,757 10,757 10,757 10,757 10,757 10,757 Add or subtract changes in 775 1 875 950 1,100 capacity due to construction > , x �.•„ ,,; or remodel v k Adjusted Program Capacity 10,757 10,757 10,757 10,757 10,757 110,757 10,757 ENROLLMENT -- Basic FTE Enrollment 10,863 110,940 111,203 1 11,317 111,468 111,528 111,8331 SURPLUS OR (UNHOUSED) 775 775 775 775 775 875 950 PROGRAM CAPACITY 1 (106) 1 (183) 1 (446) 1 (560) 1 (711) 1 (771) 1(71,076) RELOCATABLE CAPACITY Current Portable Capacity 775 775 775 775 775 875 950 Add new ponablc capacii} 75 150.•• Move ponablc capacity (from Scnior high) 669 593 329 216 1110 179 24 Adjusted Portable Capacity 775 775 7751 775 1 875 950 1,100 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 669 593 329 216 164 179 24 NOTES: 1. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. CAPSUM97.XLS 413/97 12:43 PM III -10 FEDERAL WAY SCHOOL DISTRICT #210 - 1995/96 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - JUNIOR HIGH SCHOOLS ENROLLMENT Basic FTE Enrollment 4,985 1 5,030 1 5,005 1 5,016 15,040 15,032 15,175 SURPLUS OR (UNHOUSED) Actual I - - Projected - - CAPACITY 1996 1997 1998 1999 2000 2001 2002 BUILDING PROGRAM 1 (116) 1 (140) 1 (132) Move portable capacity (to Senior High) 190 (llill) CAPACITY 4,861 4,900 4,900 4,900 4,900 4,900 4,900 Add or subtract changes in y Adjusted Portable Capacity 275 175 1 capacity due to construction ..:...... :...:::..::::..:....:............:,:........................,.................. 175 175 or remodel Totem (2)a' 39 Adjusted Program Capacity 4,900 4,900 14,900 i 4,900 4,900 4,900 4,900 ENROLLMENT Basic FTE Enrollment 4,985 1 5,030 1 5,005 1 5,016 15,040 15,032 15,175 SURPLUS OR (UNHOUSED) 275 275 175 175 175 175 F7(27 PROGRAM CAPACITY 1 (85) 1 (130) 1 (105) 1 (116) 1 (140) 1 (132) RELOCATABLE CAPACITY Current Portable Capacity 275 275 175 175 175 175 175 Add new portable capacity Move portable capacity (to Senior High) 190 (llill) 70 59 35 :. (100) y Adjusted Portable Capacity 275 175 1 175 1 175 175 175 175 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 190 45 70 59 35 43 (100) NOTES: 1. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. Locker bay removal CAPSUM97.)CLS V"7 12:43 PM FEDERAL WAY SCHOOL DISTRICT #210 - 1995196 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - SENIOR HIGH SCHOOLS ENROLLMENT Basic FTE Enrollment 4,199 1 4,360 14,385 1 4,411 1 4,409 14,395 14,3791 SURPLUS OR (UNHOUSED) Actual - - Projected - - CAPACITY 1996 1997 1998 1999 2000 2001 2002 BUILDING PROGRAM 1 (540) 1 (538) 1 (524) (508) Move portable mpacity( front Junior l liblt) (178) (39) CAPACITY 3,771 3,771 3,771 3,771 3,871 3,871 3,871 Add or subtract changes in (100) Adjusted Portable Capacity 250 550 capacity due to construction 5; } 5 aa" f a 550 ' a.I 4•r v �e'.LW. W'If{!C or remodel ',5,a , \ lr�a .� `'�� , f r•. i'IF+y '`f�lli. •��"J�'$Y, .*iT •1'fe Truman (2) :. ;rt 1110,•!r:<::x:k Adjusted Program Capacity 3,771 3,771 3,771 1 3,871 1 3,871,,3,871 1 3,871 ENROLLMENT Basic FTE Enrollment 4,199 1 4,360 14,385 1 4,411 1 4,409 14,395 14,3791 SURPLUS OR (UNHOUSED) 250 250 550 650 650 550 1 PROGRAM CAPACITY (428) 1 (589) 1 (614) 1 (540) 1 (538) 1 (524) (508) RELOCATABLE CAPACITY Current Portable Capacity 250 250 550 650 650 550 550 Add new portatblc agrtclty 200 100' 1 1 1 1 Move portable mpacity( front Junior l liblt) (178) (39) 36 110 12 26 42 Movc 3ortablc ca 3acit)• (to F.Icmcntsn•) (100) Adjusted Portable Capacity 250 550 650 650 550 550 550 SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE 1 1 1 1 1 1 CAPACITY (178) (39) 36 110 12 26 42 NOTES: 1. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based upon actual population needs. 2. This permanent capacity is projection only. This information will be confirmed when the actual architectural plans are complete. CAPSUM97ALS 4/3/97 12:43 PM III -12 King County, the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi -Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was also adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi -family unit and to gather some standard construction costs which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS The Federal Way School District student generation factor was determined separately for single family units and multi -family units. The factors used in the 1996/97 Capital Facilities Plan were derived using actual generation factors from single family units and multi -family units which were constructed in the last five (5) years. - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi -family units based on King County Code 21A and the Growth Management Act. Single Family Units Multi -Family Units O Co to to (0 to O O M O.V':' O O to to V tQ d 0 0 0 v tO O v v M m O 0 O M N m O M N ~ 4. ttto Co to ((o to N v V' r- V 1-- to (o M 0 0 0 0 0 0 0 0 0 0 L O O M Cl) O O N CD (- to n (14 O )` c0 r- M N C O ' Cr w i C O O M Cl) O— O co CO N r N N (o V (O 0) (o (D O 0) 0 0 00 O r V' f- .- M P- O O t(} N O N O O W m n N N N O M to O O W R ++ LL m N 0 0 0 0 0 0 a- V �- O o a a a a a a a a a t O O O Cl) .- N O O �O r+ L0 O O O O OI,- O N n LO w . f�- N tO M N O O :C4 C 0 0 0r- co co m v O O d '�j 0 tO O N N •- m m O Oy 7 t0 t- N m O O N O V' CO (D to N N N O O to w R C LL 0 0 0 .-- a--• N O.- r r r 7 a t7 a O a O O C O C '7 O f` to O co (0 co 0) 7 O �w 0 `Om Om V•Ost0Nm0O tOOOt0mht-O M: :;M': ++O dD y0. O (0 0 v to O O to r M 0 r r i-- V O M O O mom vom0tmm� O E evom (i. V' — tntor�mmM�tO V' N V' M V' M M .- d u) lL as aaaoaaoa O m M r M V V' �•- co O O) N y z c d o n zm O M M O t'A to M� M O M O O) w - � = N o Z m O '~m 0 W CN a O 0 0 M N N Cl) e�o� w r N .G d d E E 7 d W Z 0 0C) 0 0 0 0 0 0 0 0 O •� y U. C y Z'o r O N .- CO N V m CO V• O V V' W V' V M r- O N O C ;_� to M co E rn L d t4 C L L E d .d 3 Z c D N c 0 o a M � � d C O Z N o OO o N 7 U) O Y l0 ++ d UJ 0\ O C y d 0 0 c� 4) t o ti �. U) c p m O U' 1 c =Ut c=� d m F- .• � 'm ? 0 00 N 0 Y C mH Uin Un.QU�JJ (o CO to to v v m M N N rn rn rn 0) 01 rn rn rn rn rn FEDERAL WAY SCHOOL DISTRICT #210 - 1996/97 CAPITAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost / Facility Factor Factor Acreage Acre Capacity SFR MFR Elementary Jr High Sr High Cost/ Cost/ SFR MFR 10.00 ......................... .. 30.17 ............................. 0.00 $4,500 _ .. _..__..... $7,726 - __................... $0 468 _.......................................................................... 817 ... ...._..... .............. 0 .337 ... .126 .._........................................................... .101 .109 .024 .038 $32 $11 $36 $7 $0 $0 TOTAL $68 $17 School Construction Cost: Student % Perm Fac./ Facility Facility Factor Total Sq Ft Cost Capacity SFR Elementary Jr High Sr High Student Factor Cost/ Cost/ MFR SFR MFR .......... 97.45% 97.45% _. ..... 0.00% $9,206,000 ' .. _........ $13 296 000 _. $0 ». ....468 817 _............. 0 .337 .................................................................. .126 ................................................................... .101 .109 .024 .038 $6,462 $2,094 $2,000 $379 $0 $0 TOTAL $8,461 2,473 Temporary Facility Cost: Student Student % Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR MFR SFR MFR Elementary Jr High Sr High 2.55% __- _ ......_... 2.55% 2.55%1 $92,361 ........ ..... $92,361..j $92,361 25 ........._..._...._........... .... 25 25 .337 ...................... .126 .101 .109 .......................024 .038 $32 $10 $12 $2 $10 $4 TOTAL $53 $16 State Matching Credit Calculation: Student Boeck Cost/ Sq. Ft. State Factor So Ft Student Match SFR Elementary Jr High Sr High Student Factor Cost/ Cost/ MFR SFR MFR $94.27 80 _.... 0 58.92/0 ..................... .337 .109 11,498 $485 $94.27 _.....................................................6.00%1 110 58.92% ........o.................................................................... 126 .024 $770 $146 $0.00 0 0.00 /0 101 .038 $0 $0 Tax Payment Credit Calculation Average Assessed Value (March 97) Capital Bond Interest Rate (March 97) Net Present Value of Average Dwelling Years Amortized Property Tax Levy Rate Present Value of Revenue Stream IMPCIFE2.XLS 4/3197 12:31 PM Total $2,268 $631 SFR MFR $136,500 ............................................................ $41,846 5.81% 5.81% ............................................................ $1,013,758 ............................................................ $310,782 Mitigation Fee Summary .............................................................10 $1.55 $1.55 $1,571 $482 Single Family Multi -Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $68 $17 Permanent Facility Cost $8,461 $2,473 Temporary Facility Cost $53 $16 State Match Credit ($2,268) ($631) Tax Payment Credit ($1,571) ($482) Sub -Total $4,743 $1,393 50% Local Share $2,372 $696 Impact Fee $2,372 $696 SECTION IV SUMMARY OF CHANGES FROM THE 1995/96 CAPITAL FACILITIES PLAN The 1996/97 Capital Facilities Plan is a updated document, based on the 1995/96 Capital Facilities Plan. The changes between the 1995/96 and 1996/97 Plan are listed. SECTION I - THE CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES Truman High School modernization and expansion has been added. Acquisition of one additional elementary site has been added for future elementary school. Purchase and relocation of portables has been added for temporary capacity The Six Year Finance has been rolled forward to reflect 1997-2002 IV -1 SECTION III - SUPPORT DOCUMENTATION CAPACITY Changes to capacity between the 1995/96 Capital Facilities Plan and the 1996/97 Capital Facilities Plan can be found on page IV -3. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Changes to portables between the 1995/96 Capital Facilities Plan and the 1996/97 ' Capital Facilities Plan can be found on page IV -4. STUDENT FORECAST The Student Forecast now covers 1997 through 2002. The new forecast reflects an increased rate of growth at a decreasing rate observed in the District. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 1995/96 Capital Facilities Plan and the 1996/97 Capital Facilities Plan can be found on page IV -5. IV -2 CAPACITY CHANGES FROM 1995/96 TO 1996/97 In February of 1996, we did a full inventory of school capacities at each of our elementary schools, junior high and senior high schools. Based upon this inventory, many of the capacities changed. Totem Junior High and Thomas Jefferson High School have increased capacity with the removal of the locker bays at these locations. Merit School added to capacity and shown with Harry S. Truman under the category of Alternative Schools. The capacities shown represent actual program capacities as they exist at the time of publishing. IV -3 PORTABLE CHANGES FROM 1995/96 TO 1996/97 ELEMENTARY Camelot One from Lake Dolloff Lake Grove One from Lake Dolloff Silver Lake One from Mirror Lake Wildwood One from Lake Dolloff SECONDARY Saghalie Two from Lakeland IV -4 IMPACT FEE CALCULATION CHANGES FROM 1995/96 TO 1996/97 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 1995/96 Capital Facilities Plan and the 1996/97 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments. IMPACT FEE Item From/To Comment Elementary School $9,048,856 to Updated costs of most recently built Construction Cost $9,206,000 school. Temporary Facility Cost $70,147 to Updated cost of most recently $92,361. purchased portable. Boeck Cost/Sq Ft $92.02 to $94.27 Change per SPI Sq. Ft./Student - Junior 113.33 to 110.00 Change per SPI High State Match 58.69% to 58.92% Change per SPI Average Assessed Value SFR - $134,055 Per Puget Sound ESD to$136,500. MFR - $67,142 to $41,846. Capital Bond Interest Rate 5.05% to 5.81% Market Rate Property Tax Levy Rate $1.58 to $1.55 Per King County IV -5 To: LAND USE & TRANSPORTATION COMMITTEE From: GREG MCCORMICK, AICP ';- n;6 MFMORANnilm Subject: FEDERAL WAY GOLF LEARNING CENTER - PROCESS III DECISION Date: April 4, 1997 I. HISTORY AND BACKGROUND When the City of Federal Way incorporated on February 28, 1990, the City entered into a concomitant agreement ("Agreement") with the Quadrant Corporation for the subject property. The Agreement established the zoning of the property for Quadrant as Multi Family Residential, RM 3600 which was consistent with the King County zoning on the property at the time. The Agreement further stipulated conditions related to the review of a building permit that was pending in King County. Those conditions included landscape buffers, street improvements on Campus Drive, building heights, housing densities, phasing of development, commitment by the property owners that the housing units being constructed be a townhouse/condominium type of housing, and dedication of right of way for the extension of 10th Avenue. The Agreement provides a process for amending the agreement by the owners. The process stipulated in the Agreement is the same process used for a quasi- judicial rezone request (Process III, Article VIII, FWCC). Process III requires a public hearing on the matter by the city's Hearing Examiner, who after the hearing will make a recommendation on the application to the City Council. (Note: This project is vested under the FWCC prior to the code revisions made pursuant to Engrossed Substitute House Bill 1724.) If. PROJECT SUMMARY The proposed project consists of the construction of a golf learning center which incorporates a number of uses. These uses include a golf center building of approximately 10,000 square feet which includes a pro shop, deli, administration offices, and a 100 tee driving range. Adjacent to the golf center building a practice putting green is proposed. In the northwest corner of the site near Campus Drive the applicant proposes an 18 hole putting course and an 8 to 10 station batting cage. On site parking will be provided for the proposed uses. The project is located on the south side of Campus Drive, west of the Bonneville Power Administration (BPA) power line easement at approximately 7th Way Southwest. The applicant is requesting modification of a number of sections of the Agreement. The following is a summary of the requested modifications: Land Use & Transportation Committee Page 2 April 4, 1997 Amend Section 2 (B) of the Agreement to reduce the required buffer adjoining the single family zoned property from 100 feet of Type I to 40 feet of Type I landscaping. 2. Amend Section 2 (D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of Parcels 7 and 5 and construct a center left hand turn lane. 3. Amend Section 2 (E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and limit the building height of all other structures on the site to 50 feet. 4. Amend Section 2 to allow the construction of the Federal Way Golf Learning Center as described above. 5. Amend Section 3 of the Agreement to eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue Southwest/344th Street Southwest. 6. Staff is recommending that the following subsections be added to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of Section 22-1600, FWCC Table 2 (Recreation) shall apply to the proposed project. Directional signs as provided in Section 22-1599, FWCC shall be allowed. C. A 100 foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive, east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. A 50 foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. D. A 25 foot landscape buffer of Type III landscaping along the easterly property line abutting the BPA power line easement. E. The proposed development shall comply with the provisions of Article XIX, FWCC, Community Design Guidelines. III. STAFF REVIEW City staff performed a preliminary site plan review of the project in conjunction with the rezone/concomitant agreement amendment process and have found it in compliance with Land Use & Transportation Committee Page 3 April 4, 1997 applicable sections of the code. However, at the conclusion of the rezoning/amendment process staff will complete the site plan review in light of any additional conditions or mitigation that are imposed during the course the public hearing process. Staff recommended conditional approval of the proposed amendments to the Hearing Examiner as indicated in the attached staff report. IV. HEARING EXAMINER REVIEW On February 18, 1997 the City of Federal Way Hearing Examiner conducted a public hearing on the proposed amendments to the Parcel 7 concomitant agreement. At the hearing the owners of Parcel 5, Polygon 2000, raised questions related to the proposed amendments. The Hearing Examiner requested city staff to review the issues raised at the hearing and provide a response to the Examiner. Bob Sterbank, Assistant City Attorney, reviewed the original agreement and subsequent amendments and responded to the Hearing Examiner's question in the March 27, 1997 letter included in this packet. The Hearing Examiner has recommended that the proposal be conditionally approved. The conditions of approval are those provided in the attached draft resolution, Section 4 - Conditions of Approval with the exception of the proposed elimination of a condition in the original staff report. In place of condition to widen Campus Drive, the Hearing Examiner (Section 13 of the Examiner's recommendation), based on the March 27, 1997 from Bob Sterbank, recommends that a condition requiring the Owner and Developers to dedicate five feet of right-of-way along the entire Campus Drive frontage of Parcel 7 to facilitate the City's widening of said road and that the Developers pay a pro rata share of the widening project estimated at $46,800 be substituted for the original condition. Please refer to Section 4 - Conditions of Approval, Condition 9A for the complete language on this condition. CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: FWHE##97-02 FEDERAL WAY GOLF LEARNING CENTER } UPR96-0023, SEP96-0019, SPR96-0020 PROCESS III ) uu:was) WKWO 01 �► The proposed project consists of the construction of a golf learning center which incorporates a number of uses. These uses include a golf center with a pro shop of approximately 10,000 square feet, deli, administration offices, a 100 tee driving range, a pratice putting green, an 18 hold putting course and an 8 to 10 station batting cage. Hearing Date: February 12, 1997 Decision Date: April 4, 1997 At the hearing the following presented testimony and evidence: 1. Greg McCormick, City of Federal Way 2. Jack McClurg, applicant 3. Allen Bowman, Vice President of Polygon 4. Rick Perez, City of Federal Way Traffic Engineer At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments S. Letter with attachments from Bob Sterbank, Assistant City Attorney, dated March 27,1997 I1I, FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 3ov- 6Et,9 ZLZ OQ75 I * ?i01 6; E (i'd) L6 b0 ..;v Federal Way Golf Learning Center April 4, 1997 Page 2 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a 22.47 acre, triangular shaped parcel of property within the City of Federal Way. Southwest Campus Drive abuts the parcel on the north and the Bonneville Power Administration (BPA) power line easement abuts the hypotenuse on the southeast. To the east of the site across Southwest Campus Drive and the BPA easement, are the King County Aquatic Center and Panther Lake Park. Immediately northeast of the site are Saghalie Junior High School and Saghalie Park. Abutting the site on the west is undeveloped property classified as Multi -Family Residential (RM 2,400) and single family residential (RS -7.2). To the north of the site across Southwest Campus Drive is the multi family project of Glen Park. 5. A review of the site plan reveals that a single access is provided from Southwest Campus Drive opposite the entrance to the Glen Park multi -family housing project. The northwest comer of the site, adjacent to Southwest Campus Drive, is proposed for improvement with an 18 hole putting range, 54 parking stalls, and batting cages. The golf driving range is located adjacent to the BPA easement with the tees aligned in a northeast/southwest direction parallel to said easement. A golf center (pro shop) and 164 parking stalls are located southwest of the tees in the comer of the site. Significant trees are located around the perimeter of the site and will be preserved. The applicant proposes to install driving range protective netting up to 100 feet in height to protect adjacent properties from errant golf balls, and will limit the building height of all other structures to 50 feet. 6. Upon incorporation of the City of Federal Way on February 28, 1990, the previous owner of the property (Quadrant Corporation) and the City executed a Concomitant Agreement which classified the parcel as Multi -Family Residential (RM -3600) and authorized construction of 233 townhouse/condominium attached housing units. Said agreement also authorized the property owners or their successors and assigns to request a zone reclassification pursuant to the Process III procedure set forth in the Federal Way City Code (FWCC). The RM 3600 classification as defined in the Concomitant Agreement does not authorize the proposed use. Pursuant to the City's determination, the applicant is requesting a zone reclassification to RM 3600-1 which, if granted, will specifically authorize the driving range, putting course, and batting cages. 7. Prior to obtaining a zone reclassification the applicant must establish that the request satisfies the criteria set forth in Section 22-299 FWCC. Findings on each criteria are hereby made t' '3'Jvd 6 69 LLZ JC a r 29 � 7 n 7 4 7 r , , ..... -- - -- Federal way Golf Learning Center April 4, 1997 Page 3 as follows: A. The proposed zone reclassification is in the best interest of the residents of the City. While many parcels within the City are available for development into single family and mult- family housing areas, few parcels are appropriate for recreational uses, especially golf driving ranges. Such is evidenced by the fact that the City has only one private golf course (Twin Lakes), no public golf facilities, and no golf driving ranges. This project will provide residents with a needed and presently unavailable recreational opportunity. B. The proposed zone reclassification is appropriate because conditions in the immediate vicinity of the property have so significantly changed since the property was originally zoned RM 3600, that a rezone is within the public interest. The Campus Drive corridor initially began developing as a medium to high density residential corridor. However, in the area of the project Campus Drive has developed into a significant recreational center to include the King County/Weyerhaeuser Aquatic Center, Panther Lake Park, Saghalie Park, and the BPA bicycle/walking trail. Saghalie Park combined with Saghalie Junior High School provides several ball fields, soccer fields, tennis courts, basketball court, and a walking trial. Development of this parcel will complement existing recreational opportunities by providing a totally different, yet consistent form of recreation. 8. Prior to obtaining a zone reclassification the applicant must also establish that the request satisfies the criteria set forth in Section 22-302 FWCC. Findings on each criteria are hereby made as follows: A. The project meets the criteria contained in Section 22-299 FWCC as set forth above. B. The proposed project complies with Chapter 22 FWCC in all respects. The Concomitant Agreement is proposed ' for amendment to implement appropriate development standards to ensure mitigation of impacts on surrounding properties. C. The site plan is designed to minimize all adverse impacts of the development on properties in the immediate vicinity. Major impacts addressed by the City include aesthetics and lighting. Mitigating measures set forth in the MDNS and conditions of approval hereinafter require limited hours of operation, compliance with the FWCC lighting and glare requirements, and traffic mitigation. The replica of the project shows the buffering between the driving range and nearby residential projects, and establishes that lighting impacts will be completely mitigated. D. The site plan is designed to minimize impacts upon public services and utilities. The ?0vd 6eti9 ZLZ 0C Id 7 "7 5? 0 1 0? - I ( 13; ) L6 . 70 g-�v Federal Way Golf Learning Center April 4, 1997 Page 4 driving range and accessory uses will require typical public services and utilities, all of which are available. Furthermore, development of the site into a multi -family complex in accordance with the present zone classification would require substantially more of such facilities and services. 9. Prior to obtaining a zone reclassification, the applicant must establish that the request satisfies the criteria set forth in the Process III review procedure in Section 22-476 et. seq., FWCC. Said procedure authorizes the Hearing Examiner to recommend approval or disapproval of the zone classification request to the Federal Way City Council based upon whether or not, in the Examiner's opinion, the request satisfies the criteria set forth in section 22-490 (d) FWCC. Findings on each criteria set forth therein are hereby made as follows: A. The project is consistent with the City of Federal Way Comprehensive Plan. The project implements policy LUP-15 of the Comprehensive Plan as it adequately protects residential areas from the impact of non-residential uses, which in this case is the golf driving range. The project also implements policy TP -5 as it protects neighborhoods from traffic impacts. This site will generate virtually no traffic during the a.m. peak period, and experiences it's most significant use on the weekends. During the week, the major use of the site occurs from noon to 4:00 p.m., non -peak traffic periods. B. While the 1995 Comprehensive Plan designates the property as multi -family residential, such is based upon the Concomitant Agreement which the applicant is proposing to amend pursuant to the procedure and criteria set forth therein. Furthermore, this project will provide a needed recreational opportunity for residents of both nearby multi -family projects and the City as a whole, and is complementary with the area. C. The project is consistent with the applicable provisions of the FWCC and will be subject to the terms and conditions of the Amended Concomitant Agreement. D. The proposed driving range and accessory uses are consistent with the public health, safety, and welfare. Potential adverse impacts were identified and mitigated during the environmental review, and the recreational opportunity will further the health, safety, and welfare of City residents. 10. At the public hearing, Allen Bowman, Polygon 2000 Inc., appeared in support of the project, but opposed the proposed changes to the Concomitant Agreement. He stated that the original Concomitant Agreement covered parcels 5 and 7 which the City always treated together. The present development is proposed for parcel 7 and the amendment to the Concomitant Agreement with eliminate the requirement that parcel 7 participate in the cost of extending 9 20vd 6_�t,9 ?i,Z - Federal Way Golf Learning Center April 4, 1997 Page 5 10th Ave. SW, The Examiner left the record open for the City Attorney to respond to Polygon's concerns. The City Attorney responded by letter dated March 27, 1997, which included a number of attachments. 11. In 1990 the Federal Way City Council adopted separate concomitant agreements for parcel 7 and parcel 5. At that time the Quadrant Corporation owned both parcels outright and Polygon held options to purchase said parcels. At some point Polygon exercised its option and closed its purchase of parcel 5 which meant that Polygon owned parcel 5 and Quadrant owned parcel 7. In July, 1991, Polygon sold the majority of parcel 5 (now known as parcel 5A) to the City, which along with the Federal Way School District, developed said parcel into a junior high school and City park. Polygon retained ownership of the remainder of parcel 5 which was known as parcel 5B. The history of both concomitant agreements and amendments thereto demonstrates that the City has treated the parcels separately when warranted by separate ownership. Separate concomitant agreements were adopted for the separate parcels. Resolution 93-128 was adopted to remove parcel 5A from coverage under the Concomitant Agreement for parcel 5 upon its purchase by the City. The only time the two parcels (5 and 7) were treated together was in Resolution 93-144 wherein Polygon applied to develop parcels 5 and 7 together. The City's action in processing Quadrant's application for development of parcel 7 independent of any action by Polygon concerning parcel 5B is correct and consistent with previous actions. 12. The City is correctly interpreting the Concomitant Agreement for parcel 7 by not requiring said parcel to contribute to the capital cost of improving 10" Ave. SW. The original Concomitant Agreement for parcel 7 provided: The Owners shall agree to set aside and dedicate to the City the necessary right-of-way corridor as established by the Federal Way City Council ... for the extension of 10' Ave. SW., 344' right-of-way corridor.... The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcels 5 or 7 (paragraph 3). This requirement covered dedication of right-of-way and not payment of capital construction costs. Resolution No. 93-144 made it clear that improvement of 100, Ave. SW would be triggered by development of parcel 5 and that responsibility for capital construction costs would be borne by parcel 5 and owners of property adjacent to the 101 Ave. SW extension. Said resolution eliminated any responsibility for parcel 7 to contribute to the cost of 10'x' Ave. SW improvements. 13. Paragraph 2D of the 1990 Concomitant Agreement for parcel 7 requires that the owner widen Campus Drive along the property frontage prior to the issuance of occupancy permits. A L gov-c 6E69 ZLZ OCIE I n H10 I i (? _) i,6 �20 t-� Federal Way Golf Learning Center April 4, 1997 Page 6 similar provision is included in the 1990 Concomitant Agreement for parcel 5. The City is proposing to modify the Concomitant Agreement and clarify that Quadrant is responsible for widening Campus Drive only along the westernmost 400 feet or so feet of its property, and that it is not required to widen Campus Drive or construct a left turn lane along the frontage of parcel 5. City staff has concluded that a left turn lane is not necessary to mitigate traffic impacts flowing from the project, but that widening Campus Drive w411 mitigate traffic impacts. The amendment to the Concomitant Agreement requires Quadrant to dedicate five feet of additional right-of-way along the frontage with parcel 7 to facilitate the City's widening of said road. Quadrant will pay its prorata share of the widening project which is calculated at $46,800.00 From the foregoing findings the Hearing Examiner makes the following conclusions: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request for a zone reclassification and amendment to the Concomitant Agreement satisfies the criteria set forth in Sections 22-302, 22-299, and 22-490 of the Federal Way City Code and therefore should be approved by the Federal Way City Council, subject to the following condition: Hours of operation shall be limited to from 7:00 a.m. to 11:00 p.m., seven days per week; provided, however, that the driving range, putting course, and batting cages shall close to the public no later than 10:00 p.m. The applicant shall diminish the lighting during the last hour to that necessary to collect golf balls and perform maintenance to the facility. It is hereby recommended to the City Council of the City of Federal Way that the request for a zone reclassification and amendment to the Concomitant Agreement be approved subject to the condition contained in the conclusions above. DATED THIS DAY 4F , 1 STEPHEN K. CAUSSEAUX, JR. Hearing Examiner 9 -770Vd 6-C�9 ZL? 007 • :v � , � T TRANSMITTED this 4'' day of April, 1997, to the following: APPLICANT: Jack McClurg Golf Enterprises 16300 Mill Creek Blvd. #204 Mill Creek, WA 98012 Allen Bowman Polygon Management 4030 Lake Washington Blvd. NE #208 Kirkland, WA 98052 Ben Conwell Quadrant P.O. Box 130 Bellevue, WA 98009 City of Federal Way c/o Bob Baker 33530 1't Way S. Federal Way, WA 98003 City of Federal Way c/o Bob Sterback 33530 1" Way .S. Federal Way, WA 98003 6 3ovd 66 9 ZLZ OC?H I n r O I ZZ i ( 134) !.6 . v0 L .v THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge a recommendation of the Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the 0i =ovd 6E69 ZLZ OG7�; 7 V ur r » I— -- -- request to those persons who have a right to challenge under Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code.. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. within ten (10) working days after expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CHALLENGE The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered Jd 6Eb9 ZGZ DQ -IQ i * -10i EZ E I ( I`33) L6 . bC _y`y to the Department of Community Development within fourteen (14) calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the city. The challenge will not be accepted unless it is accompanied by the required fee. The person challenging the recommendation shall within said fourteen (14) calendar. day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to file a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (5) working days following the filing of the written challenge with the department. Any person filing a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or Z: 3'Jdd 6et?9 ZLZ f)R7q 7 29 '-nr CJ .r personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Federal Way City Council. I"aOV, 6fib9 ZLZ OQZS . '? ri?0I 5Z EI (IH3) L6, tv0'Hcd CITY OFfAC.- ;R> March 27, 1997 33530 IST WAY SOUTH Mr. Stephen K. Causseaux, Jr. Federal Way Hearing Examiner 902 South 10th Street Tacoma, WA 98405 (206) 661-4000 FEDERAL WAY, WA 98003-6210 (206) 661-4034 Re: UPR No. 96-0023; SEP No. 96-0019, and SPR No. 96-0020 Dear Mr. Causseaux: At the Public Hearing on Tuesday, February 18, 1997, concerning the above -referenced applications, you asked for clarification from the City concerning the basis for processing an application for an amendment to the concomitant Agreement for Parcel 7 of the Campus Highlands while not taking any action with respect to the concomitant Agreement concerning Parcel 5B of Campus Highlands. In particular, we understand that a concern was raised by Polygon 2000, Inc. concerning whether the City could or should waive what Polygon claimed were preexisting requirements for Quadrant to bear, along with Polygon, the responsibility to: (1) construct the extension of 10th Avenue S.W.; and (2) widen Campus Drive along the entire frontage of Parcels 5 and 7. The City's response follows. As we understand that the record of the proceeding has been held open for our response, we request that this letter and its attachments be included as exhibits and be made part of the record in this matter, referenced above. The City does not object if the Examiner wishes to leave the record open for an additional period to allow the applicant and/or Polygon to respond. The City's action in amending only the Concomitant Agreement for Parcel 7 is correct. Unless the City were to receive a joint application for development of both Parcel 5B and Parcel 7, the City has no legal option but to process an application for amendment of the concomitant agreement with respect to Parcel 7 as separate from anything affecting Parcel 5B. The two parcels are under separate ownership and, as such, can be developed separately, including any necessary common project -specific zoning changes or concomitant agreement amendments. For example, as owner of Parcel 7, the Quadrant Corporation could request a variance to allow proposed development on Parcel 7. The City would be legally required to consider that application on its merits, without respect to whether a similar application had been made with respect to Parcel 5B. And, if the City were to grant such a variance, doing so would not necessarily entitle the owner of Parcel 5B to a similar variance just because the two parcels were originally zoned by virtue of Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 2 a concomitant agreement. Similarly, the City is required to process and evaluate the Quadrant Corporation's request for an amendment to the concomitant Agreement independent of whether the owner of Parcel 5B has requested any concomitant Agreement amendments, and the City's decision on the Quadrant Corporation's application does not necessarily entitle the owner of Parcel 5B to any particular result: applications for the individual parcels must be evaluated on their respective merits, if any. The history of the concomitant Agreements with respect to each parcel supports this conclusion. In 1990, the City Council adopted separate concomitant Agreements for Parcel 7 and Parcel 5.1 At that time, the Quadrant Corporation owned parcels 5 and 7 outright, and Polygon 2000, Inc. held options to purchase. Polygon submitted a site plan review application (SPR 90-0003) in July 1990 for Parcel 7, and filed a site plan review application for Parcel 5 in August, 1990 (SPR 90- 0222). Polygon then proceeded with efforts to develop both parcels, by undertaking traffic analysis, site planning, preliminary engineering and architecture, geotechnical studies, and storm water analysis. At some point, Polygon exercised its option and closed its purchase of Parcel 5. In July, 1991, Polygon sold the majority of Parcel 5 (now known as Parcel 5A) to the City of Federal Way for $1.4 million. The City proceeded to submit plans for development of a junior high school and city park (92-0WlUPR). As part of these plans, the City applied for an amendment to the Concomitant Agreement for Parcel 5 to remove Parcel 5A from the coverage of the Agreement. Polygon opposed the requested amendment, claiming that the City was not entitled to seek amendment of the concomitant "without the concurrence of the other parties to the Agreement." See Letter dated December 8, 1992 from Polygon Vice President Richard A. Pitt to Federal Hearing Examiner at 2 (copy attached). The Examiner rejected Polygon's protest, and recommended approval of the City's application and amendment to the Concomitant Agreement. On January 19, 1993, the City Council approved Resolution 93-128, which amended the Concomitant Agreement and approved the City's request. Polygon did not appeal or in any way challenge Resolution 93-128. Instead, Polygon proceeded with its development plans for both parcels; however, it apparently could not complete them in the time frame called for by its option agreement with Quadrant. In December 1992, Polygon approached the City concerning its own amendment to the Concomitant Agreements for both Parcels 5 and 7, to reduce landscaping buffer requirements and to clarify the requirement for improvement of an extension of 10th Avenue. Polygon also asked the City to confirm in writing that Polygon's delay in developing Parcels 5 and 7 was not Polygon's fault, 'See Concomitant Agreement Relating to the Zoning of That Certain Parcel of Property Known As the Campus Highlands Town Home Property (Parcel 7), dated February 27, 1990; Concomitant Agreement Relating to the Zoning of That Certain Parcel of Property Commonly Known as the Campus Crest Property (Parcel 5), dated February 27, 1990 (copies attached). Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 3 but rather was due to the need to wait for the City to complete its study of alignment options for the 10th Avenue extension. Polygon also asked the City to agree not to initiate any further rezone of Parcels 5 or 7 until 24 months after the City had resolved the alignment issues surrounding extension of 10th Avenue. See Letter dated December 3, 1992 from Polygon Senior Vice President Gary A. Young to Kenneth E. Nyberg at 2 (copy attached). The City did not provide the confirmation Polygon requested concerning delay, but did provide a letter of understanding confirming City staffs agreement to amendment of the Concomitant Agreements to provide Polygon an additional 24 months following resolution of 10th Avenue alignment issues, before the City would consider rezoning the property. The letter also clarified that the 10th Avenue S.W. improvement requirements would be Polygon's responsibility, by tying improvements to development by Polygon: In addition, the Concomitants should be clarified to state that in the event of propca development by Polygon. Polygon agrees to construct 10th Avenue, or, as its sole option, contribute its proportional share of the cost of the construction of 10th Avenue, provided that the first monies paid shall be used, or Polygon shall receive credit toward its proportional share, in an amount equal to the cost to construct the minimum road necessary to access the Polygon development .... "Proportional share", as used within the Concomitants, is defined to be: proportional share based upon the formula currently used by the City to calculate development traffic impact, with a further clarification that at a minimum, 1U parties contributing to pmvortional share would constitute Polygon Parcel 5 and adia pn propuy owners (including the CiV); provided however, if 10th Avenue when constructed benefits solely Polygon Parcel 5 i.e. (Existing solely as an access road to Polygon Parcel 5 development), the City shall not contribute any dollars toward construction, but would agree to dedicate that one-half portion of the right- of-way needed for proper intersection alignment. Letter dated December 14, 1992 from Assistant City Manager Kenneth Nyberg to Polygon Senior Vice President Gary A. Young at 2 (copy attached) (emphasis added). Thereafter, Polygon applied for an amendment to both of the Concomitant Agreements. Its applications contained two parts, "Request A" and "Request B." Request A included the various items agreed upon and memorialized in Mr. Nyberg's December 14, 1992 letter to Gary A. Young, while Request B dealt with the reduction in landscape buffers between the sites and existing single family zoning. See Staff Report, dated April 13, 1993, UPR 92-0017, at 3 (copy attached). The Hearing Examiner recommended that the Council approved the changes "as requested." Hearing Examiner Recommendation, File No. UPR 92-0014, Hearing Examiner File No. 93-3 (copy attached) at 5, Paragraph V. Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 4 When the matter was presented to the Council in June, 1993, the Council approved the majority of Polygon's request, including its request to amend the Concomitant Agreements to clarify that improvement of 10th Avenue would be required only when Polygon began development of Parcel 5, and that a proportional share of the 10th Avenue improvement costs would be contributed by Polygon Parcel 5[A] and the owners of other property adjacent to the 10th Avenue extension including the City (unless the 10th Avenue extension served only Polygon's Parcel 5, in which case the City was not obligated to pay). See Resolution 93-144 at 6. Because the City was moving forward with planning required under the Growth Management Act, RCW 36.70A and foresaw a potential need to rezone either or both parcels, the Council rejected Polygon's request for an additional 24 months of time before any rezoning. See Resolution 93-144, adopted June 15, 1993, at 5-7, Sections 3-4 (copy attached). Thereafter, Polygon chose not to exercise its option to purchase Parcel 7,2 leaving the Quadrant Corporation as the sole owner of Parcel 7. Thus, the history of the Concomitant Agreements, and amendments to them, demonstrates that the City has treated the parcels separately, when warranted by separate ownership. Separate concomitant agreements were adopted for the separate parcels. Subsequently, Resolution 93-128 was adopted, to remove Parcel 5A from coverage under the Concomitant Agreement for Parcel 5. The only time the two were treated together was in Resolution 93-144, which occurred in the context of Polygon's applications to develop both properties, together. The City's actions in processing the Quadrant Corporation's application for Parcel 7 independent of any action by Polygon concerning Parcel 5B is correct, and consistent with its prior actions. The City is also correctly refraining from requiring the Quadrant Corporation to improve, or contribute to the capital costs of improving, 10th Avenue S.W. The original, 1990 Concomitant Agreement for Parcel 7 provided that: The Owners shall agree to set aside and dedicate to the City the necessary right-of- way corridor as established by the Federal way City Council ...for the extension of 10th Avenue S.W. 344th right-of-way corridor. ....The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcel 5 or 7. Parcel 7 Concomitant Agreement at 4, Paragraph 3. As discussed above, this requirement -- 2 Presumably, Polygon did not exercise its option to purchase Parcel 7 because, without the additional time from the City, it would not be able to develop the property within the scope of its option with Quadrant and without risk that the property would be rezoned to a single family designation during adoption of the Comprehensive Plan. Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 5 which covered only dedication of right-of-way, not payment of capital construction costs -- was subsequently clarified by Resolution No. 93-144, to make clear that improvement of 10th Avenue S.W. would be triggered by development by P&Lyoon_, and that responsibility for capital construction costs would be borne by Polygon Parcel 5 and owners of property adjacent to the 10th Avenue S.W. extension. Resolution No. 93-144 thus eliminated any contractual requirement arising from the 1990 Concomitant Agreement that the owner of Parcel 7 contribute to the costs of 10th Avenue S.W. Further, the Quadrant Corporation cannot dedicate any right-of-way for the 10th Avenue extension, because it does not own property adjacent to the proposed extension. Thus, the proposed amendment to Concomitant Agreement before you (attached) properly clarifies that Quadrant is not required to dedicate property for the right-of-way for 10th Avenue S.W. The 1990 Concomitant Agreements for Parcel 7 required that: Campus Drive, along the entire length of the subject property and parcel 5, shall be widened, in accordance with then applicable City standards, to allow for a center turn lane. This improvement shall be constructed and completed prior to the issuance of occupancy permits for the first phase of the project.... [The] owners may apply to the City for authorization to post a bond in accordance with the applicable provisions of the Federal way Zoning Code to assure the construction of the required improvements and, upon the approval and the posting of a bond in compliance with the City codes, occupancy permits may be issued proved all other terms and conditions of this Agreement and all of the applicable provisions of the Federal Way codes have otherwise been fully complied with. 1990 Concomitant Agreement, Parcel 7, at 3, Paragraph 2.D. A similar provision was included in the 1990 Concomitant Agreement for Parcel 5, requiring widening of Campus Drive along "the entire length of the subject property and parcel 7...." 1990 Concomitant Agreement, Parcel 5, at 2, Paragraph 2.D. This paragraph, which assumed that Parcels 5 and 7 would be developed by the same entity, was not affected by either Resolution No. 93-128 or Resolution No. 93-144. The proposed Concomitant Agreement Amendments, attached to the Staff Report as Exhibit E, state at Section 4 that the "requirement to widen Campus Drive for the entire length of the property and construct a left-hand turn lane" "shall not apply to the proposed Federal Way Golf Learning Center project." In the course of reviewing the Concomitants to respond to the Examiner's request, City staff realized that the proposed language was somewhat ambiguous (because the existing left lane extends along a portion of the property but not "its entire length"), and that some additional confusion might arise given that the 1990 Concomitant requires the owner of Parcel 7 to also widen Campus Drive along Parcel 5. Consequently, the City intended to revise the language contained in page 5, Section 4 Concomitant Agreement Amendments, to Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 6 clarify that the Quadrant Corporation is responsible for widening Campus Drive only along the westernmost 400 or so feet of its property, and to state that Quadrant is not required to widen Campus Drive or construct a left -turn lane along Parcel 5. After further review, however, City staff concluded that extension of the left turn lane is not necessary to mitigate traffic impacts flowing from the proposed project but that instead, widening Campus Drive itself will mitigate traffic impacts. Upon further discussions with Quadrant, staff have revised the Amendment to Concomitant Agreement to reflect that Quadrant will dedicate five feet of additional right-of-way along Parcel 7, to facilitate the City's widening of Campus Drive. This project is incorporated in the City's Transportation Improvement Program ("TIP"). The revised Amendment to Concomitant Agreement (attached)3 also reflects that Quadrant will also pay its pro rata share of the TIP project, which is calculated at 1.8% of $2.6 million, or $46,800.00. We hope that the foregoing satisfactorily answers the Examiner's questions. Again, the City does not object to leaving the record open so that Polygon or Quadrant may respond to this letter. Very truly yours, Bob C. Sterbank Assistant City Attorney BCS:mjm Encs. cc: Greg McCormick, City of Federal Way (w/encl. ) Ben Conwell, Quadrant (w/encl.) Alan Bowman, Polygon (w/ encl. ) KALxU�,ww&ux.kr 3 The revised Concomitant Agreement Amendments also include the substituted liability language agreed to by the applicant and the City. Because of publication deadlines, the City was unable to include this language in the original proposed amendment submitted to the Examiner, but did discuss the language as part of City staffs presentation during the public hearing. The revised language can be found at page 6, Section 9 of the enclosed, revised Concomitant Agreements. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THAT CERTAIN CONCOMITANT AGREEMENT RELATING TO THE ZONING OF THAT CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS CAMPUS HIGHLANDS TOWN HOME PROPERTY (PARCEL 7), RECORDED UNDER AUDITOR'S NUMBER 900305118. WHEREAS, on February 27,1990, a Concomitant Agreement, hereinafter referred to as "Agreement," was entered into by the City of Federal Way, Polygon 2000, Inc., and The Quadrant Corporation, establishing the zoning and methods of resolving potential disagreements with respect to vesting rights and the applicability of King County or City of Federal Way regulations, with regard to the property legally described in the attached Exhibit A and located on the south side of Campus Drive, immediately west of the Bonneville Power Administration power line easement at approximately 7th Way Southwest ("Campus Highlands" or "Parcel 7" herein); and WHEREAS, the Agreement was amended in 1993 by Resolution 93-144; and WHEREAS, The Quadrant Corporation ("Owner") owns Parcel 7 and proposes to convey the property to Jack McClurg and JGL Land trust, ("Developers"), who have applied for land use approval to allow the Federal Way Golf Learning Center which includes an approximately 10,000 square foot golf center with pro shop, deli, administrative offices, a two-level 100 -tee driving range, a 4,500 -square -foot putting green, putting courses and an 8-10 station batting cage with on-site parking areas; and WHEREAS, upon completion of the conveyance of the subject property, the Developers will become the "Owner" for purposes of this Agreement; and WHEREAS, pursuant to the modification provisions of the Agreement, the Owner and Developers submitted the appropriate application and accompanying materials on February 2, 1996, to modify the two Concomitant Agreements which includes the original Agreement and Resolution No. 93-144 to allow the construction of the Federal Way Golf Learning Center; and WHEREAS, the Owner and Developers request is summarized as follows: 1. Rezone Parcel 7 from Multifamily Residential, RM 3600 to RM 3600-1. 2. Amend Section 2(B) of the Agreement to reduce the required buffer adjoining the single -family -zoned property from 100 feet of Type I to 40 feet of Type I landscaping. 3. Amend Section 2(D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left-hand turn lane. 4. Amend Section 2(E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and building height of all other structures on the site is limited to 50 feet. 5. Amend Section 2 to allow the construction of the Federal Way Golf Learning Center as described in paragraph 1 of this document. 6. Adding the following new subsections to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. C. A 100 -foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. A 50 -foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for The development adjacent to the proposed golf putting courses as depicted on the attached site plan. D. A 25 -foot landscape buffer of Type in landscaping along the easterly property line abutting the Bonneville Power Administration power line easement. E. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. 7. Amend Section 3 of the Agreement to eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue Southwest/344th Street 2 Southwest. WHEREAS, Section 8 of the Agreement and Section 5 of Resolution No. 93-144 allows for the amending of the Agreement in the same manner as a quasi-judicial project rezone in accordance with Section 22-296 of the Federal Way City Code (FWCC); and WHEREAS, Section 22-296 of the Federal Way City Code requires that quasi-judicial project rezones be reviewed under Process III, which requires the Hearing Examiner to issue a recommendation to the City Council, who will then make the final determination; and WHEREAS, pursuant to Process III Review, FWCC 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on this request to amend the Agreement on February 18, 1997 and all public notice having been duly given pursuant to FWCC 22480; and WHEREAS, the requirements of the State Environmental Policy Act were met by the City of Federal Way by issuing a Mitigated Determination of Non -Significance for the proposed project on November 20, 1996; and WHEREAS, following the public hearing, the Federal Way Land Use Hearing Examiner submitted to the appropriate City Council committee his recommendation to the proposed amendments to the Agreement; and WHEREAS, the Federal Way City Council's Transportation and Land Use Committee, on April 7, 1997, having considered the recommendation of the Federal Way Laud Use Hearing Examiner, has moved to forward the Examiner's recommendation to the full Council. NOW, THEREFORE, THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Federal Way City Code Section 22-302, the City Council has considered the application, and after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation, the City Council hereby adopts by reference the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, attached as Exhibit B and incorporated by reference herein. 3 Section 2. In addition to the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby finds that the proposed rezone to allow the Federal Way Golf Learning Center is consistent with the public interest. The proposed Golf Learning Center is consistent with surrounding uses of land, including the Saghalie City Park and Junior High School, the Weyerhaeuser/King County Aquatic Center, and the Federal Way Little League complex, all of which involve recreational use by the general public. Likewise, the proposed Federal Way Golf Learning Center would be developed on a large, 22.5 acre site, consistent with the nearby Saghalie Park and School (25.5 acres), the Aquatic Center (11 acres) and the Little League complex (21.4 acres). Section 3. Based upon the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby APPROVES the Application to Amend Concomitant Agreements for Campus Highlands, Parcel 7, City of Federal Way file UPR96-0023 and Federal Way Land Use Hearing Examiner file , SUBJECT TO the conditions contained in the Examiner's Recommendation at pages and incorporated into this agreement in Exhibit B attached hereto, and SUBJECT TO the Sections 4-16 below. Section 4. Conditions of Approval. The following conditions of approval shall apply to the proposed Federal Way Golf Learning Center project: 1. The required buffer adjoining the single -family -zoned property shall be 40 feet of Type I landscaping. 2. The poles supporting the driving range protective netting shall be limited to 100 feet in height. Height of all other structures on the site is limited to 50 feet. 3. The uses and site shall be developed substantially in accordance with the approved site plan. 4. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. 5. The following landscape buffers shall be provided along the frontage on Southwest Campus Drive: 4 A. A 100 -foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. B. A 50 -foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. 6. A 25 -foot landscape buffer of Type I landscaping along the easterly property line abutting the Bonneville Power Administration power line easement. 7. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. 8. Condition 3 of the Agreement as shown below, shall not apply to the proposed Federal Way Golf Learning Center project: The Owners shall agree to set aside and dedicate to the City the necessary right- of-way corridor as established by the Federal Way City Council, subsequent to the date of incorporation, for the extension of 10th Avenue S.W./344th right-of- way corridor. The City Council shall agree to use its best efforts to complete the corridor route designation on or before April 3, 1990, but not later than May 1, 1990. The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcel 5 or 7. In addition, as provided in Resolution Number 93-144, the Owners are not required to contribute to the capital construction costs of an extension of 10th Avenue Southwest. 9. The Developers' request to delete condition 2 D of the Agreement is approved; provided, that in lieu of condition 2 D of the Agreement, the following conditions shall apply: A. The Owners and Developers shall dedicate to the City of Federal Way the northern 5 feet along Parcel 7's entire Campus Drive frontage to facilitate future widening of Campus Drive and construction of a center left hand turn lane; and B. The Developer shall pay a pro rata share of the future Campus Drive widening project described in Section 4, paragraph 9.A above. Based on the Transportation Impact Analysis submitted by the Developers, the Developers shall be responsible for 1.8% of the estimated project cost of $2.6 million. The Developers' pro rata share ($46,800) shall be paid prior to the issuance of any development permits for the project described herein. Section 5. Abandonment of Application or Termination of Use. In the event that the Developers: (1) abandon the Federal Way Golf Learning Center (application numbers SEP96-0019, UPR96-0023, and SPR96-0020) for any reason; or (2) cease using the site as provided in Application Numbers SEP 96-0019, UPR 96-0023, and SPR 96-0020, accompanying site plan(s) and this Resolution for any reason, the Agreement as modified herein shall be terminated, the zoning of the Campus Highlands Parcel 7 returned to RM 3600, and the Agreement as modified by Resolution 93-144 shall once again be in effect. Section 6. Permit Processing. The City of Federal Way agrees to process any permit applications required as a condition precedent to approval of construction of the project. Section 7. Agreement Subject to Code and SEPA. All building and occupancy permits, applied for or issued, shall be subject to the terms, conditions, and limitations of this Agreement, the November 20, 1996, Mitigated Determination of Non -Significance, and the applicable ordinances and codes of the City of Federal Way. Section 8. Owner Agreement. The Owner hereby acknowledges by its signature below that the City of Federal Way has not coerced the Owner; that, in fact, the Owner has offered to have the terms of the Agreement as modified herein imposed upon them and the subject property; that the Owner agrees to and is willing to abide by the terms of said Agreement as modified herein; and that the Owner further agrees that the conditions adopted in Sections 4 through 16 are necessary for the benefit of the public health, safety, and welfare of the community. Section 9. Liability. Liability for breach of any of the conditions of this Agreement shall be borne by the Owner of Parcel 7 at the time of breach (including at the time of any continuing breach) and/or any entity who assists, aids, abets, or in any way encourages any breach. If The Quadrant Corporation conveys title of Parcel 7 to McClurg and/or JGL J Land Trust, the City will not seek to enforce any conditions of this Agreement against The Quadrant Corporation following that conveyance so long as The Quadrant Corporation is not the Owner at the time of any breach or nonperformance of conditions of this Agreement, The Quadrant Corporation does not manage, direct, or control the affairs of JGL Land Trust, McClurg, or any other entity owning Parcel 7, and so long as The Quadrant Company does not assist, aid, abet or encourage the commission of any breach or nonperformance. Section 10. Specific Performance. Damages are not an adequate remedy for breach of any of the conditions contained herein, and that the City is entitled to compel specific performance of these conditions as well as to receive damages for their violation. The Owner shall pay all costs and attorney fees expended or incurred by the City in enforcing the conditions contained herein, or in seeking damages for their violation. Section 11. Covenant. The conditions set forth in Sections 4 through 10 above shall inure to the benefit of and be binding upon the Owner, their respective successors in interest, assigns, heirs, personal representatives, guardians, administrators, successors, executors, directors, officers, agents, representatives, employees, and insurers, and upon any and all purchasers or lessees of any interest in the real property described herein. The benefits and burdens upon the Owner and the City created by this Resolution shall be and do create a covenant upon and shall run with and be appurtenant to the property described herein, benefiting the City of Federal Way. At the Owners' expense, this Resolution shall be recorded with the King County Department of Records and Elections with respect to the property described herein, and shall be included in all future instruments conveying any interest in said property. Section 12. Conditions Integral. The conditions of approval of the Federal Way Golf Learning Center application are all integral to each other with respect to the City Council finding that the public use and interest will be served by the approval of the application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid, then, in said event, the approved application and modifications granted in this Resolution shall be deemed void, and the Federal Way Golf Learning Center application shall be remanded to the Federal Way Land Use Hearing 7 Examiner to review the impacts of the invalidation of any condition or conditions and to conduct such additional proceedings as are necessary to assure that the amended plan makes appropriate provisions for the public health, safety, and general welfare and applicable City ordinances, rules, and regulations and forward such recommendation to the City Council for further action. Section 13. Severability. If any section, sentence, clause, or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Resolution. Section 14. Future Amendments. Future amendments to the Agreement shall be processed by the filing of an application therefor, which shall be considered and heard in the same manner as a quasi-judicial rezone of property. Such action shall not release the Owner from any obligation assumed pursuant to the Agreement as currently amended, unless or until any future amendment has been approved by the City of Federal Way. Section 15. Signature. The Owner herein shall execute an acknowledgment of the terms of this Resolution, acknowledging the modification of the existing Agreement. Section 16. Effect of Resolution. This Resolution constitutes the entire decision with respect to City of Federal Way File No. UPR96-0023 and Federal Way Land Use Hearing Examiner File No. , and shall supersede and replace the amendments made by Resolution 93-144. Section 17. Effective Date. This Resolution shall be effective upon passage by the Federal Way City Council AND upon the signatures of the Owner as provided in Section above. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _DAY OF 11997. CITY OF FEDERAL WAY 0 MAYOR, MAHLON "SKIP" PRIEST THE TERMS OF THIS RESOLUTION ARE ACKNOWLEDGED AS AMENDING THE CONCOMITANT AGREEMENT FOR CAMPUS HIGHLANDS TOWN HOMES. ATTEST: CITY CLERK, CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. CONCOM2.WPD n Title: THE QUADRANT CORPORATION CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES Report to the FEDERAL WAY HEARING EXAMINER Federal Way Golf Learning Center City of Federal Way File Numbers SEP 96-0019, UPR 96-0023, SPR 96-0020 PUBLIC HEARING - FEBRUARY 18, 1997 2:00 P.M. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL 33530 1 ST WAY SOUTH (206) 661-4000 Report prepared by: Gregory J. McCormick, AICP December 20, 1996 r SECTION TABLE OF CONTENTS PAGE # 2 PROJECT SUMMARY ..................................... 2 II GENERAL INFORMATION .................................. 4 III HISTORY AND BACKGROUND .............................. 5 IV SEPA THRESHOLD DETERMINATION ........................ 5 V. AGENCIES CONTACTED BY FEDERAL WAY .................. 6 VI. AREA CHARACTERISTICS ................................. 6 VII. HEARING EXAMINER DECISIONAL CRITERIA .................. 6 VIII. FINDINGS OF FACT ....................................... 9 IX. RECOMMENDATION ....................................... 11 X. EXHIBITS ............................................... 11 A. PROJECT SITE PLAN B. VICINITY MAP C. CONCOMITANT AGREEMENT D. EXISTING AMENDMENTS -RESOLUTION 93-144 E. PROPOSED CONCOMITANT AGREEMENT AMENDMENTS F. FINDINGS FOR SITE PLAN APPROVAL 2 I. PROJECT SUMMARY The proposed project consists of the construction of a golf learning center which incorporates a number of uses. These uses include a golf center with a pro shop of approximately 10,000 square feet, deli, administration offices, a 100 tee driving range, a practice putting green, an 18 hole putting course and an 8 to 10 station batting cage. On site parking will be provided for the proposed uses. The project is located on the south side of Campus Drive, west of the Bonneville Power Administration (BPA) power line easement at approximately 7th Way Southwest. The subject property is covered by a concomitant agreement that was put into effect upon incorporation of Federal Way on February 28, 1990. The concomitant agreement zoned the site multifamily residential and provided for the construction of 233 townhouse/condominium type housing units. This agreement contains a modification provision which utilizes the quasi-judicial rezone process or Process III contained in the Federal Way City Code (FWCC), Article VIII. In addition to amending the agreement, the city attorney's office has determined that given the use is not allowed under the existing RM 3600 zoning district, the subject property must be rezoned. It is the attorney's office opinion that this use cannot be allowed through adding the use through the concomitant agreement. Therefore, staff is recommending that through the concomitant agreement a RM 3600-1 zone be established to allow for the proposed golf driving range facility. In 1993, the property owners requested an amendment to the original concomitant (see Exhibit D - Resolution 93-144). Resolution 93-144 addressed both the subject property and Parcel 5, which (is' by Quadrant as well. This amendment is discussed in more detail in Section III below. 'Wr,5 The applicant is requesting modification of a number of sections of the original Concomitant Agreement. The following is a summary of the requested modifications: Amend Section 2 (B) of the Agreement to reduce the required buffer adjoining the single family zoned property from 100 feet of Type I to 40 feet of Type l landscaping. 2. Amend Section 2 (D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left hand turn lane. 3. Amend Section 2 (E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and building height of all other structures on the site is limited 50 feet. 4. Amend Section 2 to allow the construction of the Federal Way Golf Learning 3 C' r Center as described in paragraph 1 of this document. 5. Amend Section 3 of the Agreement to eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue Southwest/344th Street Southwest. 6. Staff is recommending that the following subsections be added to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of Section 22-1600, FWCC Table 2 (Recreation) shall apply to the proposed project. Directional signs as provided in Section 22-1599, FWCC shall be allowed. C. A 100 foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive, east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. A 50 foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. D. A 25 foot landscape buffer of Type III landscaping along the easterly property line abutting the BPA power line easement. E. The proposed development shall comply with the provisions of Article XIX, FWCC, Community Design Guidelines. City staff performed a preliminary site plan review of the project in conjunction with the rezone/concomitant agreement amendment process and have found it in compliance with applicable sections of the code. However, at the conclusion of the rezoning/amendment process staff will complete the site plan review in light of any additional conditions or mitigation that are imposed during the course the public hearing process. II. GENERAL INFORMATION Location: South side of Campus Drive immediately west of the BPA power line easement at approximately 7th Way Southwest. Applicant: Mr. Jack McClurg Golf Enterprises 16300 Mill Creek Blvd., #204 Mill Creek, Washington 98012 4 r C Contact: Mr. Jack McClurg Golf Enterprises 16300 Mill Creek Blvd., #204 Mill Creek, Washington 98012 Phone: (206) 742-9467 Owner: Quadrant Corporation Representative: Benjamin D. Quadrant Plaza, Suite 500 N. E. 8th at 112th Post Office Box 130 Bellevue, Washington 98009 Conwell, Assistant Vice President Zoning: RM -3600, Multifamily Residential Comprehensive Plan Designation: Multifamily Acreage: Approximately 22.5 acres S -T -R Northwest quarter 19-21-04 Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: King County Fire District #39 Ill. HISTORY AND BACKGROUND When the City of Federal Way incorporated on February 28, 1990, the City entered into a concomitant agreement for the subject property (vicinity map attached as Exhibit B). This agreement insured the property owners that the zoning for the property upon incorporation would be Multi Family Residential, RM 3600 which was consistent with the King County zoning on the property at the time. The agreement further stipulated conditions related to review of a building permit that was pending in King County at the time, landscape buffers, street improvements on Campus Drive, building heights, housing densities, phasing of development, commitment by the property owners that the housing units being constructed be a townhouse/condominium type of housing, and dedication of right of way for the extension of 10th Avenue. The concomitant agreement provides a process for amending the agreement by the owners. The agreement requires the owners to file application and the request be 5 r r processed by using the same process as a quasi-judicial rezone request (Process III, Article VIII, FWCC). The City processed a request to amend the agreement in 1993 (Exhibit E) which resulted in a number of amendments to agreement being adopted through Resolution 93-144. The following summarizes amendments made by Resolution 93-144: Provide a 24 month extension of the 3 year timeframe stipulated in the original concomitant. 2. Clarify the original concomitant condition related to 10th Avenue Southwest. 3. Define "proportional share" related to traffic impact of development. 4. Add a definition of "proceeding" to the concomitant. 5. Modify the required buffers for parcel 5 and 7 in the areas that are contiguous to the single family zoned parcels. On February 12, 1996 the city received a Master Land Use Application from Quadrant and the developer requesting site plan approval and modification of the concomitant agreement for construction of the proposed golf park facility. IV. ENVIRONMENTAL THRESHOLD DETERMINATION The proposal to construct the golf center, putting greens, batting cage and associated off- street parking was reviewed with respect to requirements of the State Environmental Policy Act (SEPA). The proposed project exceeded the thresholds established in the Washington Administrative Code (WAC) 197-11-800 Categorical Exemptions. An environmental checklist for the project was submitted to the city for review on June 28, 1996. Studies including a geotechnical report, wetland reconnaissance report and a traffic impact analysis were completed and submitted in conjunction with the checklist. A mitigated determination of nonsignificance was issued on the project and published on November 20, 1996. The fifteen day comment period on the MDNS ended on December 5, 1996. The fourteen day appeal period on the MDNS ended on December 19, 1996. No comments were received or appeals filed on the proposed project's MDNS. V. AGENCIES CONTACTED BY FEDERAL WAY As part of the review by City of Federal Way staff, site visits were conducted and the proposal was circulated to the Federal Way Community Development Review Committee (CDRC) consisting of the following agencies and city departments: 31 (~ f • City of Federal Way Public Works Department • City of Federal Way Building Division O King County Fire District #39 Q Lakehaven Utility District VI. AREA CHARACTERISTICS As noted previously, the site of the proposed golf learning facility is located on the south side of Campus Drive abutting the BPA power line easement on the west at approximately 7th Way Southeast. The site is currently vacant and the full range of urban services are available to the property. Current land uses in the vicinity include: O West: Undeveloped, land zoned Multi Family Residential - RM 2400 on the north one-third and Single Family Residential - RS 7.2 on the southerly two-thirds. O North: Multi family residential, zoned Multi Family Residential - RM 2400. O East/South: BPA power line easement, beyond the BPA easement single family residential zoned Single Family Residential - RS 7.2. Other major land uses in the vicinity include the King County/Weyerhaeuser Aquatic Center and the Federal Way Little League Baseball facility to the east/northeast and Saghalie Junior High and City Park to the west. VII. HEARING EXAMINER DECISIONAL CRITERIA As noted earlier in this report, the existing concomitant agreement on the subject property allows for modification of the agreement subject to the process used for rezoning of property. The process used for a quasi-judicial rezone or a zoning reclassification of land within the city is Process III review. This type of rezone is subject to two sets of decisional criteria in the FWCC. The first set of decision criteria is contained in Section 22-302, Article III, FWCC. The second set of decisional criteria are contained in Section 22-490(d) of Article VIII, FWCC which contains Process III procedures. The following are the decisional criteria related to this application followed by a staff response: Section 22-302 Criteria: Criterion 1: The criteria set forth in Section 22-299 are met: Section 22-299 criteria: The proposed rezone is in the best interest of the residents of the city; and 7 2. The proposed rezone is appropriate because either. a. Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given it present zoning and that, under those changed conditions, a rezone is within the public interest, or b. The rezone will correct a zone classification or zone boundary that was inappropriate when established. Staff Response: A community's quality of life is often related in part, to the recreation opportunities available to its residents. At the present time, Federal Way has one private golf course (Twin Lakes) and no public golf facilities. The nearest public golf facilities are those located in north Tacoma at the Northshore Golf Club. The proposed golf park project would provide Federal Way residents a recreational service that is presently not readily available to them. In the 1980's the Campus Drive corridor developed primarily as a medium to high density residential corridor. In recent years, however, this corridor from 1 st Avenue South to 21 st Avenue Southwest has developed as a recreation corridor. The King County/Weyerhaeuser Aquatic Center was constructed to host swimming and diving events during the 1990 Goodwill Games. This facility has subsequently become a venue for other major local, regional, state and national swimming and diving competitions. Construction is now underway for an expansion of this facility. The expansion includes a 5,000 square foot conference facility and redevelopment of the onsite parking. A second major facility recently constructed in this corridor is the Saghalie Junior High/City Park which is located a short distance to the west of the proposed golf facility. The Saghalie project was a joint venture between the City of Federal Way and the Federal Way School District which combined a junior high school with a major city park. This facility provides the community with several ball fields, soccer fields, tennis courts, basketball court and a walking trail. Other facilities in this corridor include the Federal Way Little League Baseball complex, Panther Lake and the BPA power line easement. Panther Lake is a regional stormwater detention facility. The Federal Way Parks Department has included improvements to the Panther Lake area in the City's Comprehensive Parks & Recreation Plan. These improvements include the development of passive park space such as interpretive trails that connect to the BPA trail system. Phase II of the BPA trail will extend from 1st Avenue South to Campus Drive. Currently, the trail system runs from 324th/11 th Avenue to 1 st Avenue South. Construction is estimated to begin later this year. M Criterion 2: The proposed project complies with this chapter in all respects. Staff Response: This project is somewhat unique in that many of the development standards will be designated through the addendum to the concomitant agreement. Staff has applied development standards that were deemed appropriate given the proposed uses on the site and the surrounding uses in the area. Criterion 3: The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property. Staff Response: Two major concerns staff had regarding the proposed development were the potential aesthetic impacts of the golf driving range on the surrounding area and the potential impacts of the lighting necessary for a facility such as this. City staff has worked closely with the applicant to address these concerns during the environmental review process on this project. As a result of this process, either the project was modified or mitigating conditions were included in the MDNS to address the lighting and aesthetic issues. The applicant, as part of preliminary work on the project, held two public meetings on the proposed project at Saghalie Junior High. The first meeting was held in September 1996 when the applicant mailed notices of the meeting to all of the property owners in the Campus Highlands area. Approximately 100 people attended this meeting to discuss the project with the applicant. The second meeting was held in November 1996. The applicant mailed out approximately 1,100 notices of the meeting to property owners within 1,000 feet of the project. Approximately 30 people attended this meeting at which, the applicant discussed the project using the 3 dimensional scale model that will be used during the public hearing before the Examiner. The applicant has indicated that a he has received positive comments related to the project and broad based support from the surrounding property owners. Criterion 4: The site plan is designed to minimize impacts upon public services and utilities. Staff Response: The site will not be intensely developed in terms of a development that requires an extraordinary amount of utilities or public services. The site will require typical 9 f services and utilities such as power, water, sanitary sewer, storm sewer, telephone, etc. and is not anticipated to have an adverse affect on these utilities or services. Section 22-490(d) criteria: Criterion 1: It is consistent with the comprehensive plan. Staff Response: In 1995 the City of Federal Way adopted a Comprehensive Plan that complied with the mandates of the Washington State Growth Management Act (GMA). GMA requires that chapters or elements on land use, transportation, capital facilities, housing and utilities be included in a community's comprehensive plan. GMA also allows optional elements to be included in the plan. The following goals and policies of the comprehensive plan apply to the proposed project: LUP-15 Protect residential areas from impact of adjacent non-residential uses. TP -5 Protect neighborhoods from traffic impacts. NEP-30 The city should restrict the rate and quantity of surface water runoff to predevelopment levels for all new development and redevelopment. Staff Response: Through the SEPA mitigation process and through conditions proposed in the concomitant agreement, this project is consistent with the specific comprehensive plan policies listed above. Additionally, the proposed project is consistent with the intent of the Capital Facilities chapter of the Comprehensive Plan in that the additional recreational uses provided by this project will be included in the City's inventory of parks and recreation facilities. This will help the City maintain the level of service for Federal Way residents related to recreational facilities. Criterion 2: It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff Response: As noted above, this proposal is somewhat out of the ordinary in that it is subject to the terms and conditions of the concomitant agreement which will establish many of the development standards to which the proposed project would be subject to. The project will be required to comply with the provisions of the concomitant and any applicable provisions of the FWCC. 10 f Criterion 3: It is consistent with the public health, safety and welfare. Staff Response: The proposed project is not detrimental to the public health, safety or welfare. Potential adverse impacts were identified and mitigated during the environmental review of this proposal. Further, given the project will provide a recreational opportunity to the community that is currently not available locally, the project would enhance the public health, safety and welfare of the residents of Federal Way by adding to the community's quality of life by providing these additional recreation facilities. VIII. FINDINGS OF FACT Staff provides the following Findings of Fact as they relate to the proposed project: 1. The subject property is covered by a concomitant agreement that became effective on February 28, 1990, the date of incorporation of the City of Federal Way. 2. The original concomitant agreement was modified in 1993 by Resolution 93-144 which amended some of the conditions of the original agreement. 3. The subject property is located on the south side of Campus Drive, immediately west of the BPA power line easement at approximately 7th Way South. 4. The concomitant agreement established the existing zoning of the property which is Multi -Family Residential, RM -3600, conditions related to the review of a building permit application that was pending in King County, landscape buffers, improvements to Campus Drive, building heights, dwelling unit density, phasing of the project and a requirement that the units built on the site would be a townhouse/condominium-type housing unit. 5. Land uses and zoning designations of surrounding properties include: A. West: Undeveloped, land zoned Multi Family Residential - RM 2400 on the north one-third and Single Family Residential - RS 7.2 on the southerly two- thirds. B. North: Multi family residential, zoned Multi Family Residential - RM 2400. C. East/South: BPA power line easement, beyond the BPA easement single family residences zoned Single Family Residential - RS 7.2. 6. The City's 1995 Comprehensive Plan Map designates the subject property as Multi - Family Residential. 11 C 7. The concomitant agreement includes a process through which the property owners can request the agreement be amended. The amendment process stipulated in the agreement is the City's quasi-judicial. rezone process (Process III, Article VIII, FWCC. 8. Pursuant to the requirements of the FWCC, on February 12, 1996, the Owners and Applicant submitted to the City a Master Land Use Application requesting modification of the concomitant agreement and site plan approval to allow the construction of the proposed golf learning center. 9. The City issued a Mitigated Determination of Nonsignificance on the proposal on November 20, 1996. The appeal and comment period on the threshold determination ended on December 19, 1996. The City did not receive written comment and no appeals were filed on the project. 10. Quasi-judicial rezone applications are subject to two sets of decisional criteria contained in sections 22-302 and 22-490, FWCC. The proposed project is consistent with and meets the decisional criteria of the above noted FWCC sections. 11. The use is proposed on a site which fronts on Campus Drive Southwest. This section of Campus Drive, from 1 st Avenue South to 21 st Avenue Southwest, has developed over the past several years as a recreational corridor. Major recreation uses in this vicinity include the King County Aquatic Center, Saghalie Junior High School/City Park, Federal Way Little League complex and the southern terminus of the BPA Trail, Phase II project. IX. RECOMMENDATION The proposed Golf Learning Center will comply with the FWCC, applicable sections of the Federal Way Comprehensive Plan and any other applicable city regulations. Based on the findings for this proposal staff recommends that the proposed concomitant agreement addendum, which includes the rezoning of the subject property to RM 3600-1, be approved. X. EXHIBITS Attached. 12 r EXHIBIT A PROJECT SITE PLAN gg �o�� G sM 31M t $MMAMM3J=-WArW4MW7A %W i kwas"'Am w4m H31N33 E)NINUV31 J101D AVM IVE13a33 114z :z 'Z kR, ly EXHIBIT B VICINITY MAP • ` ��aaQi 111 i �� Mads,, MINE r 1111® �.c ��1`f_, �� ,'� )-.1- fill 1111loom • � �� :IIAItepost Itt11t161tt11ttt1111�5 .... 14— MI :1 EXHIBIT C CONCOMITANT AGREEMENT S` 0072.15012 JDW/naa 02/26/90 R:02/27/90 CONCOMITANT AGREEMENT RELATING TO THE ZONING OF THAT CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS THE CAMPUS HIGHLAND TOWNHOME PROPERTY (PARCEL 7) WHEREAS, the City of Federal Way, Washington, a noncharter optional municipal code city incorporated under the laws of the State of Washington, has authority to enact laws and enter into agreements to promote the public health, safety and general welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WHEREAS, the City Council of the newly incorporated City of Federal Way is in the process of adopting initial zon-ng for property located within the city limits of the City, and WHEREAS, the undersigned, the Owners of the above referred -to property initiated discussions with the City Council with respect to entering into this Agreement for the pur: ose of attempting to amicably resolve any potential disagreements with respect to issues of vested rights and applicability of King County or City of Federal Way regulations as a result of the incorporation of the City of Federal Way during the pendency of owners permit applications before King County, and WHEREAS, the Owners warrant to the City of Federal way that they are the owners of the real property hereinafter described and have the full power to enter into this Agreement, NOW, THEREFORE, upon the property hereinafter described being zoned RM 3600 as provided in the new Official Zoning Map and the JDWO0757X 1 - Zoning Code for the City of Federal Way, both of which shall be effective February 28, 1990, Owners do hereby covenant and agree as follows: 1. In the event the zoning of the subject property, commonly known as the Campus Highland Townhome property and more particularly described in Exhibit A attached hereto and incorporated in full by this reference, is zoned in accordance with the Official Zoning Map and the Zoning Code for the City of Federal Way under a classification as identified on said Zoning Map and in said Zoning Code as RM 3600, to be effective as of February 28, 1990, then this Agreement shall be in full force and effect. 2. Upon such zoning designation being placed on the subject property, the following conditions shall apply: A. The building permit currently pending under King County File C8902294 shall comply with and be reviewed in accordance with the City of Federal Way codes adopted as of February 28, 1990. B. A 100 foot Type I landscape buffer shall be provided, adjoining the single family zoning. C. A minimum 60 foot building setback shall be provided along the frontage of both parcel 5 and parcel 7, as depicted in Exhibit B attached hereto and incorporated in full by this reference, of the property along Campus Drive. D. Campus Drive, along the entire length of the subject property and parcel 5, shall be widened, in accordance with then applicable City standards, to allow for a center turn JDWO0757X - 2 - lane. This improvement shall be constructed and completed prior to the issuance of occupancy permits for the first phase of the project. Provided, however, in the event that the roadway widening cannot be completed prior to the time of occupancy on phase one of the project, and such delays have not been caused or contributed to by owners and are beyond owners' control, then, owners may apply to the City for authorization to post a bond in accordance with the applicable provisions of the Federal Way Zoning Code to assure the construction of the required improvements and, upon the approval and the posting of a bond in compliance with the City codes, occupancy permits may be issued provided all other terms and conditions of this Agreement and all of the applicable provisions of the Federal Way codes have otherwise been fully complied with. E. Building height shall not exceed 30 feet abcve average building elevations calculated from finished grade for the subject property in compliance with the provisions of t -he Federal Way Zoning Code. F. The maximum density that might otherwise mathematically be calculated for the subject property shall be reduced from 273 units to 233 units. Owners acknowledge that fewer than 233 units may, in fact, be allowed on the subject property as a result of meeting the requirements of the new Federal Way Zoning Code and related ordinances of the City that are and shall be applicable to this development. G. The project shall be phased so that no more than 100 units are developed and occupied in the first phase, JDW00757X - 3 - C, r which is the first year (1990), and an additional 100 units in the second phase being the second year (1991), and the balance of the units to be developed in the third phase anticipated to be the third year (1992). Owners may develop 200 units for each of the first and second years in any combination on parcels 5 and 7 (i.e., in the first year owners may develop 150 units on parcel 5 and 50 on parcel 7). H. Owners have represented and hereby commit that all units shall be townhouse/condominium type of units which shall be sold in a condominium format. 3. The Owners shall agree to set aside and dedicate to the City the necessary right-of-way corridor as established by the Federal Way City Council, subsequent to the date of 1 incorporation, for the extension of 10th Avenue S. W./344th right-of-way corridor. The City Council shall agree to use its best efforts to complete the corridor route designation on or before April 3, 1990, but not later than May 1, 1990. The right- of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcel 5 or 7. 4. This Concomitant Agreement shall be operative upon the incorporation of the City of Federal Way, to wit: 12:01 a.m., February 28, 1990. In the event the City of Federal Way adopts a Comprehensive Plan and/or Zoning Map or Land Use Code, as it affects the subject property, which is substantially different from the Code upon which the City Council will be conducting a hearing on February 27, 1990, then the Owners shall have the JDW00757X - 4 - right to request termination of this Agreement. This election to request termination must be made by Owners within thirty (30) days from the date of the adoption of the Code, which is contemplated to be the night of February 27, 1990. In the event that the request to terminate this Agreement is made and termination occurs, the City of Federal Way shall have the right to amend the zoning of the subject.property which may include the placing of a single family residential classification thereon. 5. The City of Federal Way agrees to cooperate with the Owners in the processing of the necessary permits and applications required as a condition precedent to approval of construction of the project. 6. Owners state that it is their intent to prcvide sufficient information to enable the City of Federal Way to issue a mitigated DNS for the project for the subject property which shall incorporate the conditions of this Agreement. Owners understand that the SEPA determinations are a matter of a separate proceeding and are not a part of this Concomitant Agreement. 7. The Owners hereby acknowledge that the City of Federal Way has not coerced the Owners, and in fact, the Owners have offered to have the terms of this Agreement imposed upon them and the subject property, and the Owners are willing to abide by the terms of said Agreement, and the Owners further agree that the terms herein are drafted for the benefit of the public health, safety and welfare of the community. t 8. This Agreement may be amended by the Owners by JDWO0757X - 5 - filing an application therefore, which shall be considered and heard in the same manner as a rezone of property. Such action shall not release the Owners from any obligations assumed under this Agreement, unless and until, such amendment has been approved by the City. 9. This Agreement is specifically enforceable by the City in equity, and the City may institute and prosecute any proceedings at law or in equity to enforce the provisions of this Agreement. The Owners further agree to pay all of the City's costs, including reasonable attorneys fees expended by the City in obtaining enforcement proceedings. 10. Nothing in this Agreement shall be construed as preventing the City of Federal Way from enforcing or exercising its police powers. 11. This Agreement shall be binding upon all of the Owners of the real property herein described and their heirs, successors in interest and assigns, and this Agreement shall run with the land described herein. Provided, however, if Owners have not proceeded with the project within three years of February 28, 1990, or otherwise allow any building or other permits or approvals to expire within said three years, then the City of Federal Way may proceed to rezone the property not withstanding any other terms of this Agreement to the contrary. 12. At Owners' expense, this Agreement shall be recorded with the Ring County Department of Records and Elections, and the terms and conditions hereof shall constitute a covenant running with the land. All building, occupancy and use JDW00757X - 6 - permits hereafter -applied for or issued shall be subject to the terms, conditions and limitations of this Agreement and the applicable ordinances and codes of Federal Way. Nothing herein shall be construed as requiring or obligating the City to issue any building, occupancy or conditional use or other permit. DATED this �� day of u0J , 1990. POLYGON 2000, Inc. (Owner) QUADRANT CORPORATION (Owner) By: Title • 3�- ATTEST/AUTHENTICATED: CITY CLERK, DELbRES MEAD STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) By: LSC/ Title: CITY OF FEDERAL WAY ALLEN LOCKE INTERIM CIT MANAGER I certify that I know or have satisfactory evidence that Ca�� "j signed this instrument, on oath stated that h was authorized to execute the instrument and acknowledged it as the Feel u« / %'l"Z-4of POLYGON 2000, Inc . tc be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this ZZ! of , 1990. NOT PUBLIC. My )=Ommission expires: ;�/47, 1 JDWO0757X - 7 - STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify that I.,L know or have satisfactory evidence that ��«>' ��! a signed this instrument, on oath stated that e- was authorized to execute the instrument and acknowledged it as the J�17;oy^ j/N2 AVSJ,-�1404;e—of QUADRANT CORPORATION to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this -27 day of l e��"'�7 1990. NOTAR UBLIC ' My c ission expires: JDWO0757X - 8 - EXHIBIT A PARCEL 7 THOSE PORTIONS OF. THE NORTHEAST ONE-QUARTER OF THE NORTIiWEST ONE-QUARTER AND THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER ALL IN SECTION 19, TOWNSIITP 21 NORTIi, RANGE ' 4 'EAST, W.M. ,' IN KING • COUNTY, WASHINGTON', SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS•FOLLOWS: COMMENCING AT THE WEST -ONE-QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE EAST/WEST CENTERLINE OF' SAID . StCTION 19 S88'58122"E 1282.94 FEET TO THE SOUTHWEST CORNER 'OF TIIE SOUTIiEAST ONE -QUARTER -OF SAID NORTHWEST ONE-QUARTER; THENCE ALONG TIIE WEST :LINE THEREOF H01 -1311201E 202.55 FEET TO THE NORTIiWESTERLY;; LINE GRANTED TO THAT CERTAIN EASEMENT GRANTETO TIIE UNITED STATES 'OF' AMERICA FOR ELECTRICAL TRANSMISSION LINES BY DOCUMENTS RECORDED UNDER RECORDING NUMBERS 5034341, 5029580 AND' 5027474;•.RECORDS OF SAID COUNTY AND THE TRUE POINT OF .BEGINNING; ' THENCE CONTINUING ALONG SAID WEST LINE AND THE WEST LINE OF SAID NORTHEAST •ONE-QUARTER "OF SAID NORTHWEST ONE-QUARTER • HO1' 13 112"E '4.502.83 FEET TO 'A POINT 'ON . THE SOUTHERLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 8501170665, RECORDS OF SAID COUNTY, SAID POINT- BEING ON A CURVE CONCAVE TO THE NORTHEAST HAVING A, RADIUS OF 842.00 FEET AND TO WHICH POINT A RADIAL LINE*BEARS S47'11142"W; THENCE ALONG SAID MARGIN SOUTHEASTERLY AND EASTERLY 801.22 FEET ALONG SAID CURVE TIiROUGII A CENTRAL ANGLE OF 54'31116" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO TIIE SOUTHWEST HAVING A RADIUS OF 618,.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS N07'1913411W); 'THENCE CONTINUING ALONG 'SAID MARGIN EASTERLY. AND SOUTHEASTERLY 647.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60.01111"TO SAID NORTHWESTERLY LINE OF THAT CERTAIN EASEMENT • GRANTED TO THE UNITED STATES OF AMERICA, 'FOR ELECTRICAL TRANSMISSION LINES, BY DOCUMENTS RECORDED UNDER RECORDING NUMBERS 5034341, 50295801 AND 5027474, RECORDS OF SAID COUNTY; ' TIIEI4CE ALONG SAID 116RTHWESTERLY LINE S52 -58144"W 1662.66 FEET TO TIIE TRUE POINT OF BEGINNING - 3W 3TOTH 3TRl[ • , 1y II I� ., '��• •a, .. +J5•i: is-- � fti �.West K Orw• N••IIY W. s f J 1 •r I Y•tlt•! C4•1•t I i': i..•` '(. ) .S•at�•� -JallY Olsoni— ol.1,lu campus WO wat clr•� r t - •te j � 01 •trlsi estrldge 'i 11 Sew.N ol•Iltal I I � ! •` �g11sh Gar ans .• 1 YWIFf.rY, M r [(tl. Ot•w 1 7. rest Orflt• 3eMsi • Otatrtcl w.a.rea....aa -r�.l. Yrgl-(•r1T cm WEST CAMPUS A Planned Community A �DUVELLOO.Y[NT OR RAW "I MAN Is CONCEPTUAL a NATURE. ANO vr"" rr (14OW11 otTENOEO U1189.E, R 00E8 NOT MOW TME EXACT 'COPE OP CONITRUCTtON TO -TARE PLACE ON AtaT 'ORTtON OP THE PRO►ERTT. 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( c' • ;Ser- ` �'�' 00.41144 ht A C'ii.{`3�•.\ ♦•MMI Laa• C (p% a [ba 3eMN Ss• haMl v jam._ �lli C•_.rw/l, N.tNI•,- l J '.►`4' tMPDrfs1 1 340TH STREET r T® a / h li '':j '�ill�i�k�i Sava �_5 a 6� n n{er.■'n•rn_rr. r■ S�/A• ._GS. 1 ia: ii■ 3is ai •"�� i�li� � L -7 S:y7 • / Cti9 1 se ear I !�L � �� 1'3 �•�� Lv��]y �� a % r m� 11»733 r a.. E :�� ittl a�!" '••�ii • -� �44.. up J�•a e3e gq pp gy p 0 .G... C]9pe9ty� itp�l97� "c=a9! � , . ! j � r rra r11■■■■ ■ ce■ � ! �' �A �7L " � 71�}39 t - a ' � � > ' /- \ y � nt �e_■tn� 3 11r tl �_ •IJF 131-�IaEa�e�3� �Q79y�'S.`e ¢_?� sy CAMPUS FIGH_AND TOWMOMES ✓' ;.�'• °� " U04!0 TOW OZE DEvaoP.e+r SITE PLAN ^� ; OG OCUM, WA"4CTCH ts: d 6 _�.e t POLYGON 2000, NG n, mn E c f .� � i .5 �MIISq ANOT AgCNIT�C T'■ � -L _. EXHIBIT D EXISTING AMENDMENTS - RESOLUTION 93-144 RESOLUTION NO. 93-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THAT CERTAIN CONCOMITANT AGREEMENT RELATING TO THE ZONING OF' THAT CERTAIN PARCEL OF PROPERTY COMMONLY . KNOWN AS CAMPUS CREST PROPERTY (PARCEL 5) RECORDED UNDER AUDITOR'S NUMBER 9003051119, AND AMENDING THAT CONCOMITANT AGREEMENT RELATING TO THE ZONING OF THAT CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS THE CAMPUS HIGHLAND TOWNHOME PROPERTY (PARCEL 7), RECORDED UNDER AUDITOR'S NUMBER 900305118; AFFIRMING IN PART AND DENYING IN PART THE HEARING EXAMINER'S RECOMMENDATION IN FILE 1UPR92Q017. WHEREAS, on February 27, 1990, Concomitant Agreements were entered into by the City of Federal Way and Polygon 2000, Inc., and the Quadrant Corporation, establishing the zoning and methods of resolving potential disagreements with respect to t vesting rights, as well as the applicability of King County or City of Federal Way regulations with regard to two parcels of property, legally described in Exhibit A attached hereto. Polygon 2000, Inc., and Quadrant Corporation own Campus Crest (parcel 5) ("Campus Crest") and. Campus Highlands Townhomes (parcel. 7) ("Campus Highlands");.,„collectively referred to as "subject properties". These parcels.. are located south of Southwest Campus Drive, opposite the introduction- of Tenth Avenue Southwest and the Glen Park at .West Campus Development; and WHEREAS, in 1991, the City purchased approximately 16 acres of Campus Crest parcel 5 for the purpose of developing a community park in conjunction with the construction of a junior RES # 93-144 - PAGE 1 COPY" high school by the Federal Way School District. This 16 acres consisted of parcel A of parcel 5. The City Council of the: City of Federal Way,:r.,4anuary9, 1993, amended the Concomitant Agreement, for parcel 5 by deleting parcel A from said agreeme9t, which returned it to the original zone classification of RM2400. T4g., te!z'fas•' Or-'thw conc :te s � unchanged, for parcel B of parer: 5.; and. WHEREAS, the applicant owner is requesting to amend two Concomitant Agreements relating to Campus Crest (parcel B of parcel 5) and Campus Highland Townhomes (parcel 7), (hereinafter "Concomitants"); and WHEREAS, the Application for Amendment is summarized as follows: Request A: 1. Amend Paragraph 11 to allow 24 months following resolution of the issues surrounding the alignment of 10th Avenue South to proceed with development of project. 2. Clarify the agreement to address the funding for the construction of 10th Avenue Southwest. 3. Define "Proportional Share" as used in the agreements for the purpose of calculating the development traffic impact. 4. Adding a new subsection to Paragraph 11 of the Concomitant Agreements, which will define "proceeding" as the filing of a completed billing application for Phase I of the development. RES 93-144 - PAGE 2 Request B: 1. Modify condition 2B to reduce the required 100 foot Type I Buffer for the portions of parcel 5 and 7 adjoining single family zoning to 60 feet. As -part of this request, the applicant proposes to add language requiring the construction of a solid board fence along property lines of which parcels 5 and 7 which abut single family zone property; and WHEREAS, the Request to Amend the Concomitant Agreements must be processed in the same manner as a quasi-judicial project rezone in accordance with section 22-296 of the Federal Way City Code; and WHEREAS, quasi-judicial rezones are subject to process III review, Federal Way Zoning Code ("FWZC") Section 22-476 which requires the Hearing Examiner to issue a recommendation to the City Council, who will then make the final determination; and WHEREAS, pursuant to Process III Review, Federal Way Zoning Code 22-482, the Hearing Examiner held a public hearing on this Request to Amend the Concomitant Agreements on April 13, 1993, and all public notice having been duly given pursuant to Federal Way Zoning Code 22-480; and WHEREAS, following the public hearing, the Hearing Examiner submitted to the appropriate Council committee his recommendation to approve the proposed Amendments to the Concomitant Agreements; and WHEREAS, Federal Way Land Use Committee on May 11, having considered the recommendation of the Hearing Examiner, has moved to RES # 93-144 - PAGE 3 forward the Examiner's recommendation to the full Council; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Adoption of Hearing Examiner Findings. Pursuant to Federal Way Zoning Code Section 22-302, the City Council has considered the application, and after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation, the City Council hereby adopts by reference the Findings of the Federal Way Land Use Hearing Examiner as contained in the Examiner's Recommendation on Amendment to the Concomitant Agreements, Section III, which document is attached hereto as Exhibit B, and incorporated herein by reference, with the clarification that the findings are adopted solely to the extent they relate to that portion of the applications approved herein. SECTION 2. Criteria to Rezone. The City Council adopts by reference the Findings of Specific Criteria which an applicant must meet in order to obtain a quasi-judicial project related rezone pursuant to Federal Way Zoning Code Section 22-302 (referencing Section 22-299) as contained in the Examiner's Recommendation on Amendment to the Concomitants, Finding Number 7, (A), (B), and (C), with the clarification that the findings are adopted solely to the extent they relate to that portion of the applications approved herein. RES , 93-144 - PAGE 4 SECTION 3. Council Findings on Request AM . The Council finds that the application to amend the Concomitant Agreements for Campus Crest, parcel B of parcel 5, and Campus Highlands, parcel 7, with respect to Request A(1) to amend paragraph 11 of the Concomitants to allow the applicants 24 months following resolution of issues surrounding the alignment of 10th Avenue South to proceed with the development proposal pursuant to the terms of the Concomitant are it *V PITYrNEWiracde the Clty,;and as such, do not meet the criteria set forth in Section 22-299 of the Federal Way City Code. Compliance with this criteria is a condition precedent to approval of this portion of the application, and accordingly, this portion of the application must be denied. The Council finds that the approval of this condition would grant to applicants a "guaranteed" zoning designation for this property. While the Council has no present intentions to consider a rezone of the subject property, the City must comply with the provisions of the Growth Management Act. Compliance will require adoption of a comprehensive plan from which will flow zoning designations consistent with the adopted comprehensive plan designations. Any grant of a guaranteed zoning designation for a specified term of years may hinder any future potential of the City Council to adopt zoning designations determined to be in the best interest of the residents of the City. RES , 93-144 - PAGE 5 In addition, in 1990, the City of Federal Way adopted an Interim Comprehensive Plan. The Interim Comprehensive Plan states that it is a "statement of the community's desires and goals for the future development of the City and provides the framework for a continuing planning process that will begin with the adoption of this plan." Council further finds that any guaranteed zoning designation would be adverse to the City's ability to exercise its goal of carrying out a "continuing planning process." Finally, the Interim Comprehensive Plan Framework Policy IV, as adopted by the City Council, states that the purpose of the Federal Way Comprehensive Plan is to "provide a process for continuous updating and amendment of the Plan and its implementing plans and regulations." Accordingly, the City Council finds that any grant of a guaranteed zoning designation for a term of years would not be consistent with the Comprehensive Plan Framework Policy to provide for continuous updating and amendment of the Plan and its implementing plans and regulations. SECTION 4. Application Approval. The Application to Amend the Concomitant Agreements for, Campus Crest, parcel $ of parcel 5, and Campus Highlands, parcel 7, Federal Way File No. UPR -92-0017, is approved with respect to the following provisions: Recruest-A: 2. Clarify the agreement to address the funding for the construction of 10th Avenue Southwest. 3. Define "Proportional Share" as used in the agreements for the purpose of calculating the development traffic impact. RES # 93-144 - PAGE 6 4. Adding a new subsection to Paragraph 11 of -the Concomitant Agreements, which will define "proceeding" as the filing of a completed building application for Phase I of the development. Request B: 1. Modify condition 2B to reduce the required 100 foot Type I Buffer for the portions of parcel 5 and 7 adjoining single family zoning to 60 feet. Construction of a solid board fence along property lines of which parcels 5 and 7 which abut single family zone property will also be required. The application to amend the Concomitant Agreement is denied with respect to Request A(1) to amend paragraph 11 to allow 24 months following resolution of the issues surrounding the alignment of 10th Avenue South to proceed with development of the project. Council approval of the application shall be evidenced by the adoption of this resolution, and shall permit the applicant herein to develop the subject properties, pursuant to the Concomitant Agreements, as amended hereby. SECTION 5. Future Amendments. Future amendments to the Concomitant Agreements shall be processed by the filing of an application therefore, which shall be considered and heard in the same manner as a rezone of property. Such action shall not release owners from any obligation assumed pursuant to the Concomitant Agreement as currently amended, unless or until any future amendment has been approved by the City. SECTION 6. Recording of Resolution. At applicant's expense, this Resolution shall be recorded with the King County RES # 93-144 - PAGE 7 r Department of Records and Elections, and the terms and conditions herein shall constitute a covenant running with the land. All building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions, and limitation of this Amendment to the Concomitant Agreements, and the extent not modified herein, the original Concomitant Agreements for the subject property, and the applicable ordinances and codes of the City of Federal Way. Nothing herein shall be construed as requiring or obligating the City to issue any building, occupancy, or conditional use or other permit. SECTION 7. Signature. The applicants herein shall execute an acknowledgement of the terms of this resolution, acknowledging the modification to the existing Concomitant Agreements, provided, however, signature of the applicants are not required for this modification to be effective. SECTION 8. Severability Clause. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. SECTION 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 15th day of June , 1993. RES # 93-144 - PAGE 8 CITY OF FEDERAL WAY MAYOR, ROBERT STEAD THE TERMS OF THIS RESOLUTION ARE ACKNOWLEDGED AS AMENDING CONCOMITANT AGREEMENTS FOR CAMPUS CREST (PARCEL B OF PARCEL 5), AND CAMPUS HIGHLANDS (PARCEL 7). ((APPkOVD AS TO FORM: CITY ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 93-144 IALA\KATHLEER\RF.SO\CAMPUSCR POLYGON APARTMENT PARTNERS By Title June 9, 1993 June 15, 1993. RES 1 93-144 - PAGE 9 r EXHIBIT E PROPOSED CONCOMITANT AGREEMENT AMENDMENTS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THAT CERTAIN CONCOMITANT AGREEMENT RELATING TO THE ZONING OF THAT CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS CAMPUS HIGHLANDS TOWN HOME PROPERTY (PARCEL 7), RECORDED UNDER AUDITOR'S NUMBER 900305118. WHEREAS, on February 27,1990, a Concomitant Agreement, hereinafter referred to as "Agreement," was entered into by the City of Federal Way, Polygon 2000, Inc., and The Quadrant Corporation, establishing the zoning and methods of resolving potential disagreements with respect to vesting rights and the applicability of King County or City of Federal Way regulations, with regard to the property legally described in the attached Exhibit A and located on the south side of Campus Drive, immediately west of the Bonneville Power Administration power line easement at approximately 7th Way Southwest ("Campus Highlands" or "Parcel 7" herein); and WHEREAS, the Agreement was amended in 1993 by Resolution 93-144; and WHEREAS, The Quadrant Corporation ("Owner") owns Parcel 7 and proposes to convey the property to Jack McClurg and JGL Land trust, ("Developers"), who have applied for land use approval to allow the Federal Way Golf Learning Center which includes an approximately 10,000 square foot golf center with pro shop, deli, administrative offices, a two-level 100 -tee driving range, a 4,500 -square -foot putting green, putting courses and an 8-10 station batting cage with on-site parking areas; and WHEREAS, upon completion of the conveyance of the subject property, the Developers will become the "Owner" for purposes of this Agreement; and WHEREAS, pursuant to the modification provisions of the Agreement, the Owner and Developers submitted the appropriate application and accompanying materials on February 2, 1996, to modify the two Concomitant Agreements which includes the original Agreement and Resolution No. 93-144 to allow the construction of the Federal Way Golf Learning Center; and WHEREAS, the Owner and Developers request is summarized as follows: 1. Rezone Parcel 7 from Multifamily Residential, RM 3600 to RM 3600-1. 2. Amend Section 2(B) of the Agreement to reduce the required buffer adjoining the single -family -zoned property from 100 feet of Type I to 40 feet of Type I landscaping. 3. Amend Section 2(D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left-hand turn lane. 4. Amend Section 2(E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and building height of all other structures on the site is limited to 50 feet. 5. Amend Section 2 to allow the construction of the Federal Way Golf Learning Center as described in paragraph 1 of this document. 6. Adding the following new subsections to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. C. A 100 -foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. A 50 -foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for The development adjacent to the proposed golf putting courses as depicted on the attached site plan. D. A 25 -foot landscape buffer of Type in landscaping along the easterly property line abutting the Bonneville Power Administration power line easement. E. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. 7. Amend Section 3 of the Agreement to eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue Southwest/344th Street Southwest. 2 WHEREAS, Section 8 of the Agreement and Section 5 of Resolution No. 93-144 allows for the amending of the Agreement in the same manner as a quasi-judicial project rezone in accordance with Section 22-296 of the Federal Way City Code (FWCC); and WHEREAS, Section 22-296 of the Federal Way City Code requires that quasi-judicial project rezones be reviewed under Process III, which requires the Hearing Examiner to issue a recommendation to the City Council, who will then make the final determination; and WHEREAS, pursuant to Process III Review, FWCC 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on this request to amend the Agreement on February 18, 1997 and all public notice having been duly given pursuant to FWCC 22480; and WHEREAS, the requirements of the State Environmental Policy Act were met by the City of Federal Way by issuing a Mitigated Determination of Non -Significance for the proposed project on November 20, 1996; and WHEREAS, following the public hearing, the Federal Way Land Use Hearing Examiner submitted to the appropriate City Council committee his recommendation to the proposed amendments to the Agreement; and WHEREAS, the Federal Way City Council's Transportation and Land Use Committee, on , having considered the recommendation of the Federal Way Laud Use Hearing Examiner, has moved to forward the Examiner's recommendation to the full Council. NOW, THEREFORE, THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Federal Way City Code Section 22-302, the City Council has considered the application, and after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation, the City Council hereby adopts by reference the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, attached as Exhibit B and incorporated by reference herein. Section 2. In addition to the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 3 above, the City Council hereby finds that the proposed rezone to allow the Federal Way Golf Learning Center is consistent with the public interest. The proposed Golf Learning Center is consistent with surrounding uses of land, including the Saghalie City Park and Junior High School, the Weyerhaeuser/King County Aquatic Center, and the Federal Way Little League complex, all of which involve recreational use by the general public. Likewise, the proposed Federal Way Golf Learning Center would be developed on a large, 22.5 acre site, consistent with the nearby Saghalie Park and School (25.5 acres), the Aquatic Center (11 acres) and the Little League complex (21.4 acres). Section 3. Based upon the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby APPROVES the Application to Amend Concomitant Agreements for Campus Highlands, Parcel 7, City of Federal Way file UPR96-0023 and Federal Way Land Use Hearing Examiner file , SUBJECT TO the conditions contained in the Examiner's Recommendation at pages and incorporated into this agreement in Exhibit B attached hereto, and SUBJECT TO the Sections 4-16 below. Section 4. Conditions of Approval. The following conditions of approval shall apply to the proposed Federal Way Golf Learning Center project: 1. The required buffer adjoining the single -family -zoned property shall be 40 feet of Type I landscaping. 2. The poles supporting the driving range protective netting shall be limited to 100 feet in height. Height of all other structures on the site is limited to 50 feet. 3. The uses and site shall be developed substantially in accordance with the approved site plan. 4. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. 5. The following landscape buffers shall be provided along the frontage on Southwest Campus Drive: A. A 100 -foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range 4 area as depicted on the attached site plan. C. A 50 -foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. 6. A 25 -foot landscape buffer of Type in landscaping along the easterly property line abutting the Bonneville Power Administration power line easement. 7. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. The following conditions of the Agreement shall not apply to the proposed Federal Way Golf Learning Center project: 1. Eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue Southwest/344th Street Southwest. 2. Eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left-hand turn lane. Section 5. Abandonment of Application or Termination of Use. In the event that the Developers: (1) abandon the Federal Way Golf Learning Center (application numbers SEP96-0019, UPR96-0023, and SPR96-0020) for any reason; or (2) cease using the site as provided in Application Numbers SEP 96-0019, UPR 96-0023, and SPR 96-0020, accompanying site plan(s) and this Resolution for any reason, the Agreement as modified herein shall be terminated, the zoning of the Campus Highlands Parcel 7 returned to RM 3600, and the Agreement as modified by Resolution 93-144 shall once again be in effect. Section 6. Permit Processing. The City of Federal Way agrees to process any permit applications required as a condition precedent to approval of construction of the project. Section 7. Agreement Subject to Code and SEPA. All building and occupancy permits, applied for or issued, shall be subject to the terms, conditions, and limitations of this Agreement, the November 20, 1996, Mitigated Determination of Non -Significance, and the applicable ordinances and codes of the City of Federal Way. Section 8. Owner Agreement. The Owner hereby acknowledges by its signature below that the City of Federal Way has not coerced the Owner; that, in fact, the Owner has offered to have the terms of the Agreement as modified herein imposed upon them and the subject property; that the Owner agrees to and is willing to abide by the terms of said Agreement as modified herein; and that the Owner further agrees that the conditions adopted in Sections 4 through 16 are necessary for the benefit of the public health, safety, 5 and welfare of the community. Section 9. Liability. Liability for breach of any of the conditions of this Agreement shall be joint and several, and shall be borne by the Owner of any interest in Parcel 7 at the time of breach (including at the time of any continuing breach) and any entity who assists, aids, abets, or in any way encourages any breach. If The Quadrant Corporation conveys Parcel 7 to McClurg and/or JGL Land Trust, the City will not seek to enforce any conditions of this Agreement against The Quadrant Corporation following that conveyance so long as The Quadrant Corporation does not own any interest in Parcel 7 at the time of any breach or nonperformance of conditions of this Agreement, and so long as The Quadrant Corporation does not assist, aid, abet or encourage the commission of any breach or nonperformance. Section 10. Specific Performance. Damages are not an adequate remedy for breach of any of the conditions contained herein, and that the City is entitled to compel specific performance of these conditions as well as to receive damages for their violation. The Owner shall pay all costs and attorney fees expended or incurred by the City in enforcing the conditions contained herein, or in seeking damages for their violation. Section 11. Covenant. The conditions set forth in Sections 4 through 10 above shall inure to the benefit of and be binding upon the Owner, their respective successors in interest, assigns, heirs, personal representatives, guardians, administrators, successors, executors, directors, officers, agents, representatives, employees, and insurers, and upon any and all purchasers or lessees of any interest in the real property described herein. The benefits and burdens upon the Owner and the City created by this Resolution shall be and do create a covenant upon and shall run with and be appurtenant to the property described herein, benefiting the City of Federal Way. At the Owners' expense, this Resolution shall be recorded with the King County Department of Records and Elections with respect to the property described herein, and shall be included in all future instruments conveying any interest in said property. Section 12. Conditions Integral. The conditions of approval of the Federal Way Golf Learning Center application are all integral to each other with respect to the City Council finding that the public use and interest will be served by the approval of the application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid, then, in said event, the approved application and modifications granted in this Resolution shall be deemed void, and the Federal Way Golf I. Learning Center application shall be remanded to the Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and to conduct such additional proceedings as are necessary to assure that the amended plan makes appropriate provisions for the public health, safety, and general welfare and applicable City ordinances, rules, and regulations and forward such recommendation to the City Council for further action. Section 13. Severability. If any section, sentence, clause, or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Resolution. Section 14. Future Amendments. Future amendments to the Agreement shall be processed by the filing of an application therefor, which shall be considered and heard in the same manner as a quasi-judicial rezone of property. Such action shall not release the Owner from any obligation assumed pursuant to the Agreement as currently amended, unless or until any future amendment has been approved by the City of Federal Way. Section 15. Signature. The Owner herein shall execute an acknowledgment of the terms of this Resolution, acknowledging the modification of the existing Agreement. Section 16. Effect of Resolution. This Resolution constitutes the entire decision with respect to City of Federal Way File No. UPR96-0023 and Federal Way Land Use Hearing Examiner File No. , and shall supersede and replace the amendments made by Resolution 93-144. Section 17. Effective Date. This Resolution shall be effective upon passage by the Federal Way City Council AND upon the signatures of the Owner as provided in Section above. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF , 1997. CITY OF FEDERAL WAY 7 MAYOR, MAHLON "SKIP" PRIEST THE TERMS OF THIS RESOLUTION ARE ACKNOWLEDGED AS AMENDING THE CONCOMITANT AGREEMENT FOR CAMPUS HIGHLANDS TOWN HOMES. Title: ATTEST: CITY CLERK, CHRISTINE GREEN APPROVED AS TO FORM: CITY ATTORNEY, LONDI LINDEL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. CONCOMMM THE QUADRANT CORPORATION EXHIBIT F FINDINGS FOR SITE PLAN APPROVAL DRAFT FINDINGS FOR APPROVAL Application No. UPR 96-0023 and SPR 96-0020 Federal Way Golf Learning Center The following are findings for recommending approval of the Federal Way Golf Learning Center proposal located on the south side of Campus Drive at approximately 7th Avenue Southwest. FINDINGS: The site is designated as Multifamily on the 1995 Comprehensive Plan Map. 2. The site is zoned RM -3600, Residential Multifamily on the official Federal Way Zoning Map. 3. The site is covered by a concomitant agreement that was effective the day the City of Federal Way incorporated, February 28, 1990. The existing concomitant allows the construction of 233 townhouse/condominium-type housing units on the site. 4. The original concomitant agreement was amended in 1993 by Resolution 93-144. 5. An analysis of the potential environmental impacts of the proposed project was completed and a Mitigated Determination of Nonsignificance was issued for the project on November 20, 1996. 6. The proposed site plan was reviewed to ensure conformance with the zoning code and access to the subject property. 7. The site plan application have been reviewed for compliance with the Federal Way Comprehensive Plan and all applicable city regulations. 8. The proposed developed is consistent with decisional criteria contained in Sections 22-302 and 22-490, FWCC. 9. The proposed project is consistent with the terms of the concomitant agreement and proposed amendments. Conclusions: The proposed site plan and application have been reviewed for compliance with the Federal Way Comprehensive Plan, pertinent zoning regulations and other applicable city regulations. Based on these findings, the site plan for the proposed project is approved. This decision shall not waive compliance with future City of Federal Way codes, policies and standards relating to this decision. eF DATE: April 4, 1997 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM Jeff Pratt, Surface Water Manager SUBJECT.- Bellacarino Woods Closed Depression Per your request the Surface Water Management division has prepared a presentation on the referenced topic for consideration at the Committee's April 7th meeting. Bellacarino Woods is a new subdivision within the City of Federal Way. It is roughly bounded by S352nd Street on the north, S356th Street on the south and lies between 4th Avenue SW and 9th Avenue SW. It is comprised of 116 single family lots and is being constructed in two separate phases. The subdivision contains within its bounds a portion of a large closed depression which has been modified to include storm water detention for the Bellacarino Woods development. Portions of this closed depression are shared by about six different adjacent property owners. Subsequent to construction of the subdivision, some of the property owners adjacent to the closed depression have approached the City with concerns about the depression water levels that they are observing. Their contention is that the water level in the closed depression, for a given rainfall event, seems much higher now than it was prior to the Bellacarino construction. City staff has reviewed the various hydrologic studies that were submitted prior to construction permit issuance and based on this documentation have come to the conclusion that the design standards for closed depression construction were followed by the Bellacarino Woods engineers. Further investigations are underway in order to determine whether the increased depths are associated more intense storms than were previously observed or are the result of some other phenomenon such as decreased infiltration capacity. Details of the staff documentation review and the further investigations will be presented for your consideration. .` DATE: 3 April 1997 TO: City Council Land Use/ Transportation Committee - Councilmember Phil Watkins, Chair - Councilmember Mary Gates - Councilmember Ron Gintz FROM: Philip D. Keightley, Deputy City Manager SUBJECT: Transportation Funding Legislation The Washington State legislature is considering a number of bills on transportation. The ones most important for the City of Federal Way are the following (attached): 1. SB 6091 Transportation Funding. This is a bipartisan transportation funding bill for a 70/gallon phis a 2C/gallon optional gas tax increase. The bill is nearing enough support in the senate but is in need of more support in the house for passage. Indexing of the motor fuel tax will be offered as an amendment if it reaches the Senate for a vote. This bill includes the revenue package for SB 6091 (see below); there are about $152M of freight mobility projects included (about half of the highest priority projects recommended by the Freight Mobility Advisory Committee (FMAC)). 5.3 cents per gallon of the gas tax increase would support 597 projects worth over $2B. See the attached "Summary 1997 Projects - Senate New Law with CLB - Draft 3/24/97". The following table summarizes SB 6091: SB 6091, Transportation Funding Gas Tax Increases C/Gal. Uses Act Section 7/1/97 to 12/31/97 After 12/31/97 4.00 5.00 WSDOT/Highways 2(1) 0.15 0.30 Puget Sound Capital Construction 2(2) 0.175 0.35 Cities Major Urban (M) 2(3);4;8 0.175 0.35 County Road Equalization (CRAB) 2(4);3 0.25 0.5 Cities & Towns (monthly) 2(5) 0.25 9-5 Counties (monthly) 7.00 1.0 County option (monthly) 5;7 referendum LQ City option (monthly) 6;7 referendum 2.0 Incl. above City -freight mobility 9 Incl. above County -freight mobility 10 From SB 6091 the city of Federal way would receive monthly payments from the City's 0.5 cent/gallon. There is no alternate available, at this time, for the revenues to Federal Way as we do not know the volume from imdtvx u d gas stations within Federal Way. We would compete for grants from the Transportation Improvement Board ('TIB) for the cities 0.35 cents/gallon of revenues that amounts to about $16.7 million annually for all cities in the state; if we were to be granted our share based on population we would receive about $239,000 annually. It is unknown at this time if we can access the 0.30 cents/gallon of Puget Sound capital construction funds. A local option in SB 6091 allows the county to levy one cent/gallon and each city to levy one cent/gallon "by approval of its legislative body" subject to referendum. State gas sale records do not make it possible to estimate at this time what would be collected in Federal Way. A gas station in a city could have two cents/gallon additional cost if both the county and the city exercise their options. 2. SSB 5480 Street Utility Replacement Q%ions. As the present Street Utility cannot be used, the legislature has this replacement bill under consideration. Only the last of the following three options in this bill can presently be used by Federal Way: a. 50 cents per thousand of assessed value junior district property tax levy within the existing $5.90 per thousand property tax limit if voters approve. b. 15 cent vehicle registration fee by cities if counties have not already levied this fee, which is the case for King County. c. 0.1 percent sales tax with voter approval. SHS 2180 Freight M&Ujy. This bill reflects the recommendations of the Freight Mobility Advisory Committee (FMAC). The funding and half of the projects are included in SB 6091 above. Federal ISTEA status. The next six year federal transportation act is nearing action in Washington DC. The $175B over six years is an increase of $20B over the current program. Spending limits and deficit reduction may result in funding levels similar to the last bill. This next ISTEA act and the political process is well summarized in the attached March 23, 1997 News Tribune article attached. Much useful overview ISTEA information is also in the attached March 20, 1997 Preston Gates Ellis letter. The house has a large list of demonstration projects, while the senate never believes in demonstration projects. However, when the joint resolutions committee emerges there is usually a number of demonstration projects. The president recommends against demonstration projects. Local 1997 ISTEA status. ISTEA funding from $22.8M of PSRC 1997 regional allocations has about 49 projects asking for about $92M of ISTEA funds after the fust stage of competition. The only Federal Way project is a part of a multiagency application for SR -99 improvements. This will be a strong contender in stage two scoring so may receive part of the $22.8M. We requested $750,000 of ISTEA funds for design and environmental analysis of SR99 between approximately So. 312th Street to So. 324th Street. In addition, Federal Way will also be submitting finding requests for the county wide 1997 ISTEA process. The specific projects and associated funding requests will be brought to the Land Use and Transportation Committee and full City Council in the near future for approval. Federal Way will also compete for PSRC 1997 local King County ISTEA funds. Our projects are.............We have a chance of capturing about $....... of the ISTEA funds. I:\transp97 attachments: 3/26/97 News Tribune Article 3/23/97 News Tribune Article 3/20/97 Preston Gates Ellis & Roubelas Meeds memo SB 6091 SSB5480 SHB2180 Summary 1997 Projects -Senate New Law with CLB ISTEA Demonstration sh o P a G : w� S gR v a s V C q 9 9. .: . a cop C B. a ■ _� am O nw Quo R® VrA i � �o c �• c.n o �., a �&o n � � 0 . � �. tae - � � � 6'• �• � � -��. .� $'" o, �, kc�e•ti �, ^ m�VON gg j . , 9 m >?�-.�_n, � �,�r� ! �m F.�J.m �sYf�''i;�da'i,Ya'.'�+La`.S�ti.C/]• �.+.. `tn '1�'e�t!�_i :'. ,`� '.. a . _ � c�+.. 1 , �as♦•aX 3'� Prince said thefstate would bor- La � �' mw$2b61ion-whIchitwouldapena ;.: I.- T M•. over the nerztsixyiers—andusethe C ttinued from Ai new gas tax inco,$re to make pay - ..menta on the loan., tfist-raisirlg taus emms inconsiv- l That would enable the state to al-. blot with the GOP's other t.cut of ; most finish most of the network of We. 'ear -pool lanes in lGng, Pierce and But he said the gas taxis more`of_ Snohomish countifs — about $750 j fee paid by people who travel on million from the gas taz Lille. The roads. And state and local govern " ,other major categpry of improve - need more money todeal with menta are for locall'freight mobili- traf c congestion and to im ty' - about $260 million — often to the movement of goods from ' build overpasseswhere railroad Washington #signs to West tracks and surfacea is and high- elr7i ;ton por49. x= ti • 3 ways intersecL actors — three Rep.b i . Eliminating the intersections al. tensa neeDemocrata=formal lows both kinds of traffic to move iy unveiled their new $3.9 pillion, more smoothly. i < two-year transportation budget at a Pierce and South Sing counties dews conference Tuesday afternoon would be among the primary benefi- The budget calls for boosting the'l caries in both categories. Acte taxby,5cents agsHon ' Car-pool lanes onUnterstate 5 on Ju by another 2cents on ?-would be finished, ro!ighly between Ism 1.199a "'<"r : downtawnTacomaandSouthcenter. Of that 7 cents, the state would Work on the Nalley Valley viaduct, beep a nickel and divide thereat where Washington 16 links up with mang cities, counties and other loo-' I5 and the South 38th'Street inter - a1 goveramente +�. change, would add car-pool lanes at • Cities and counties by a vote of a cost of almost $100 million. !wir councils,' also would have the Traffic at that junction already is a)don to raise the gas tax by anoth jammed up during peak commuting 1 cent apiece: That meetly the tb4' hours and ia'expected to get much ;I state gas tax could rise by 9 cents ' worse if a second Narrows Bridge is from the preeent`23 cents to 32 ' built y.. . .Sen. Mary Margaret Haugen (D.- Camano island), the Tranaporfation C�mittce'srankingDemocrat said Here are some projects a gas -tax increase would fund:" if agytliing the tai bilis could have been �� n } f" The state's 5 -cent porton of a • .. lanes on Washington 167 between .. build a car-pool lane on 1 -5 -be - a $6 billion problem that we4e gas tax increase would allow It tm gas 15th Street Southwest and 15th tween Thompson and Pacific av- Putting blu'lon amd. . spend about.$2 billion more. over Street Nor#mest In Auburn. enues in Taoopta. . . Republican leaders in the Senate • the next six years —much of It in• design `$29 million to des a car- ■ $12.7 million to build a car earl House atekeeping their distance'-: 1997-99 budget pepj lane and buy right of way on 1- pool Improvements at the Port Of from the gas -tax proposal —neither:'.. i 1 �t ' + . + 5 between East L Street and the- - Tacoma imerohaige.' embracing nor aggressively oppas Puyallup River Bridge In Tacoma. ■ $11.4 million for wort at the ing the proposal. ' 1 1 r :: M,328.9 million to separate rail- ' Union Pacific Railroad crossing at Gov G'. r. !.a u- ::r.;:p.: Ls t 1 ! pn1- e• rte' -••^. _ .. .. �---' road traffic from street traffic 8t ;. South 277th'Street in Auburn. , ... v, r �• '' Port"of Tacoma Road in Tacoma.. $10 million for work at the Il!" ISI!. :Jlr I..1' N'1.:1 I I:I.!'.1'lli II:1': 11h pope 11 •lel Ilul 1: N:.I EN` N::. lN' r.� to Sena. Prince and Haugen, and i 1" .. ..; ' 1 T Ira1.1 . � 27.7 million tD design and - buy right of way far a car-pool Burlington Eighth crossing at Eighth Streit East in StrSa9eet Reps. Karen Schmidt (R -Bainbridge ■ $151 million to finish buildiFt intertiiarge at IS arid Washington Pacific. island) and Ruth Fisher (D-Thooma) . car-pool Lanes on 45 between Fife 512 saAh of Tacoma.. ■ $8.4 million to separate rail - to round up the votes needed to pass and Soklioenter. ■ $18.1 million far the Burling ' road traffic from street traffic at it ■ $98 million to extend Was ton ton Northam Santa Fe crossing at Lincoln Avenue in the Port of Taco - . Historically, gas tax increases fire bipartisan efforts, with the yes votes I gton 167 from downtown . South 277th Street In Auburn. ma. ■ $7.5 mlllfm to build a truck in proportion to the size of the De- mocrat and Republican caucddes. PuysfiuP Into the Port of Tacoma Sen -=Goings Goings (DPuyallup) $17 2 million for work Fe the Burlington Northern Santa Fe climbing lane on Washington 18 in Peril Auburn. Peasley They need 25 votes to get it passed by said the'eiitensI. would make. crossing at Third Street Southwest C near Canyon ■ $7.2 million for kriprovements the Senate 'That rleoessary the widening of Me ,.' Avenue thiough Edgewood. in Auburn. to Federal Way park-ah"cle lot means I have to furnish 13 an ■ $16.4 million to Improve the -No. -2. votes (among Republicans)' Prince said 'Mary Margaret hopefully can officials opposed making Medd, three lanes wife. area around South D Street and 0 $7.1 million to hire 89 Wash - Cornish 12 out of hers. It's not going. - $38 yalll'lon to design the .., the cross-Tideflats ash- ington.509) In Tacoma. irgton State Pat —all — all Ir 1998. That boost the num to be an easy job. We will start counting after to-,, tension of Washington 509 be' _ ■ $Li million to (wild an erten would berof troopers to 824Yrom:735. day,' he added.in tween 1-6>and South 188th St . sion of Shaw Road East in ■ $5.2 million to pnk.Canyon The legislative session is ached- : uled to end April 27. Des M y°� nets- $32�nillron to build caribi. Puy�anyp., 0 $15.5 million to design and Road East with Washington 167 and. the Port of Tacoma. B The News Tribune; Sunday; March 23; 1997 Congressional inembers,elf Transportation Committee to "'' doniaon said the dapartmept ! ler to &wmrtau WHAT REPS. DICKS AND SMITH ARE SEEKING Alm Taeua Wx%wam (DA.) 0 xxw {. 'We have opposed the but ad- WASHINGTON - Federal law- Here Is a list of some of the highway projects U.S.. Reps. Norm Dicks (D• makers'from Washington elate are 6remectan) and Adam Sam (DNeM have requested for "rdisUkYs under the eaambling to make sure their ells Intermodal Surface Transportation and Efficiency Act, trida get a fair share of the 5176 til- The two also support almost $500.million in funding for the Regional Transit tion up for grebe in this year's re- in A ftrib and other projects of statewide importance, including $83 million to im- newal of the Surface prat raft access to the pats and money for new ferry boats. Indu(ling highspeed. Transpontdion end EffirdencyAct.. passengeronly ferries. I . Poem t1a Tircoma Narrows Bridge ■ $15 million a year for Improvements to the MrasNVM 16 corddor incluc - to Yakima River bridges 'commuter kV approach lanes to the Tacoms Narrows firidge. The state Department of Trans- ' it it to mim'boses for Grant County, portatlon is studying aneniatives for easing congestion across the brklge.. 'the ad will go a long way toward ■ 515 mllbn for Washioon 167 coaW knp moments to help ewe,eorngesdon 'shaping transportation policy in the . Us^dit Port of Teeama traffic. The money would be used to create a freeway state the next five years. system corunecting 167 and Washington 410, 509 and 512 to Interstate 5. Using a complicated formula based ■ 510 million to expand Federal Way perk and ride lots. on to 13 calculations, Washing ■ $4.5 million to help bull the aossbase hi VZA a new corridor from i tustate tar should receive between $300 mil- 5 to Washington 7 between fort Lewis and McChord Air force Baw lion and $400 million in federal high- way dollars. But slate lawmakers are seeking House Rules Committee. Medicaid in the discretionary spend - even more: a'total of $1.6 billion for Washington has one member on ingbudget Congnesshastoplaywith. the Transportation Committee, Rep. Funded with revenues from the 50 or so individual "demonstration" pro]ects in their districts end such Jade Metcalf (Ii Laugleyl He has be 18-pergallon federal gasoline big-ticket items as $W million for .pies the conduitfor his colleaguee tax, the asphalt and requests once dictated how Viral highway light rail and commuter rail Over the years, Washington.has Frrahman:jtep. Adam Smith (D- dollars would be spent p '.: tended to do. well in the hunt for .2(mt) tried to get on the committee But in 1991, when the prQgrpm butwas; Instead `assigned to Na- was last reauthorized, Congiesede- transportation dollars; receiving bask than its �� and Resources coin= tided to use money from the high= mase residents pqy n .. _ ,, . _ .; way fruit fund for bike trails,.high-' federal gaaolitie taxes. At the eh rght of I-90 construction in the Seattle :' However, the state has a key ally, way sound barriers, face lifts ofbis- close to the chairman of the commit- toric buildings ferry construction. area, the state was getting back . roughly =1,60 for every dollar resi4 tee, Rep. Bud Shuster of Pennsylva- transit projects and eiferrs to reduce „i. His&Wd� ea sTim Hugo, used pollution and comply with dn air m dente paid gasoline taxes. -. F' Inst to be D inns legislative W and is standards , year, the state got $1.03 for, every dollar paid. Lawmakers -- shingtr . ' It's too early to_.teil whether the . quit, familinrDkk theyandoatl�eawelithis �' and Shuster uste Inaboihseryiigont the retionaain.Afi ese�rtn&ho i close Borvi°g on the Horse In- rection again Alight is loonting, low but there are no guarantees. tallija n0e Committee ever, over how much direction the `We may not get everything we w'In fed I would everythinge amazed .Didcsasid.-Wecan2dropthisanon "Metcalf is, just a sophomore; ' federal government should give the states and. local government in we t eve go everything we want,.' said:, bins.• - • :... spending federal.)ughway dollars. Rep. Jennifer Dunn (R Bellevue): For lawmakers, the scramble for Inside the administration, a for Republicans generally believe fed-' federal highway ; mer IGtsap County commissioner, , eral dollars should be given out with John Hasley, is deputy assistant sea as few strings attached as possible. heavy �8 d poim retery, for government affairs at the 'I think the states and local com-. the where what committee they serve an se why they know can ey- serve a 1lepartrnmt of Information. munities need even mom flexibility, critic.. On the Senate side, neither Wash- but I dont think we will ever go all the 'You have ington senator is on the committee :: way to block grants," Hastings said. to work with the right Is ppeo k' said Rep., Norm Dicks (I) � jurisdiction over ISTEA clan- . That could put the state's con - But Democratic Pattp.; 'gresaioiia! delegation on a collision ' . The inial is the House'trans-:. Murray and Republican Slade Gor--: course with the state Department of . point portatiou and Infiastructure Cc ton are on tris transportation appro Tranapoitation, the state Highway.: priation*i subcommittee, which will Commission and regional Planning mittee. Of the 435 members of the , . mitt. provide the actual finding. • authorities in the -Puget Sound area House 395 have submitted PSD . -1 thick well beable to work the is: and Spokane and Clark counties, to the committee [or more flan 1500 - projects The binders that bold the ' sues just fine in the Senate,',Murray which receive federal funds. details fill an mere room- said Washington Trampoftation Sec - The sheer magnitude of the dol- retary Sid Morrison said while flex- J 'Everyone wanted to be on Trans- portation," said Rep. Richard 'Doc" lace involved is overwhelming. Fed- ibility in how to spend the funds is al-,. `there Iiastirigs (R Pasco), who is on the oral funding for transportation pro- ways important, needs to be a 'grams ranks second only behind continued federal presence. Other 1 `r g' ro�t�, • #��.,; `;� , a�l�i ire. e itwill be too easy to grata[- tins p%tecta and Ceara fimdhng for •said k to just building naw roads; and them mold be subtracted from the The schedule calla for the tenottiisenewer" amount provided for basic.trans- Transportation Committee to "'' doniaon said the dapartmept portation programs pl�teworkonaMTl6yMemo' amfaeton and regional authorities {. 'We have opposed the but ad- and bring it the nicer by July 4. "collectively more liberal than mittedly we will play the game," Mor .Senate is just alerting its worli. 9 r coteam's average risonsaid. For Dicks, Dunn, Hastings, h•1'e1 ' t we have e�good working rela- :.:. Ihdw said given how tight the bud- calf; Murray, Gorton and the othl sosshh�ipp Ruth them." be gal might be, Congress may have to by membere ofthe statels eengreseaoul delegation, inofharpssh Point could over coasider'raising the gas tax rough- ; thire is mo bigher pr demooetiation pruaeds, TLe.(3in- l .4,feats to pay for the federal trans, 'This.reauthorizetaon :light administration's vermou of IS- pb�fation program, i is No 1 Dirks end A includes no funding fo local `Unca you puthorirs ISTEA then tecta. Republican adnumetra oris, yon nave to find a way to fund it he IudingfnrmerPresndentReegane ----- o opposed such pnveets. . ioweva; Congress inserted about: billion worth ofemrh projeds into, MA in 1991 and appears likely W . so again this year, even•.though. _ ogress is run by Republicans and top priority has been to balance 111itics tlir'local projects are fling more than old-fashioned PRESTON GATES ELLIS & R O U V E L Ar S H E E D S L LP A T T O R N E Y S MEMORANDUM FROM: Susan Geiger Pamela Garvie Alan Slomowitz DATE: March 20, 1997 RECEIVED M p 2 1997 CITY CLERKS OITIGE CITY OF FEDERAL WAY RE: Clinton Administration ISTEA Reauthorization Bill: Full of Programs and Promises But Maybe Not Much Funding After weeks of internal debate, the Clinton Administration has submitted to Congress its long-awaited bill to reauthorize the Intermodal Surface Transportation Efficiency Act ("ISTEA"). The President's proposal is full of programs and promises for additional funding, but without an increase in the "obligation ceiling" that limits spending for transportation programs, the President's proposal will not result in increased funding for transportation infrastructure and related programs. The Administration is proposing an ISTEA reauthorization bill totaling $175 billion over six years, an increase of $20 billion over the current program. However, because of obligation limits, actual spending for highway and transit programs is expected to increase only slightly, or remain flat. The Administration's FY 98 budget sets yearly obligation limits of $20 billion for highways, and $4.3 billion for transit, which just about equals FY 97 spending 46vels.. Senior Department Of Transportation officials have confirmed that annual highway spending under the Administration's plan would be between $20 billion and $21 billion. The Clinton Administration proposal does not respond to the strong call by many Members of Congress and most Governors to increase substantially spending for transportation infrastructure. Many have called for highway spending to increase from $20 billion per year to $23-25 billion,, the annual highway gas tax revenue deposited in the Highway Trust Fund. Others have called for $26 billion in yearly spending, an amount that reflects yearly income, interest, and a slow draw -down of the balance in the account. Under the Administration's ISTEA plan, the balance in the Highway Trust Fund would grow from $20 billion to approximately $40 to $50 billion at the end of the ISTEA reauthorization period. A MEMBER OF PRESTON GATES & ELLIS LLP, A LIMITED LIABILITY PARTNERSHIP INCLUDING OTDER LIMITED LIABILITY ENTITIES ANCIIORAGE COEUR D'ALENI: LOS ANGELES PORTLAND SEAT T I. Ii SPOKANE HONG KONG WASIIINGTON, D.0 1735 NEW YORK AvENUE NW SUITE 500 WASIIINGTON. DC 20006.5209 202.628.1700 FX: 202.331.1024 f Within this limited funding, the President's proposal includes new spending programs and modifies current ones. As we anticipated at the Preston Gates ISTEA seminar, the Administration's reauthorization proposal: • Contains no demonstration projects. In the 1991 ISTEA, about $6 billion was authorized for demonstration projects, and so far this year, an estimated 1,500 project requests have been filed with the House Transportation and Infrastructure Committee. Includes a 30 percent increase in funding for the Congestion Mitigation and Air Quality Improvement Txogram.(GMAQ).anda.significantincxeasein-funding.for .Txansportation Enhancements which includes bicycle and pedestrian programs. C-MAQ funding will be available to help communities pay the costs of meeting EPA's proposed regulations tightening ozone and particulate emissions. Changes funding allocation formulas for the National Highway System (NHS) and the Surface Transportation Program (STP). For the NHS, greater weight would be given to public road mileage, and for the STP, population would be given greater consideration. Under these formulas, Washington State's share of highway moneys would decline slightly from 1.89% under ISTEA to 1.87% under the Administration's proposal. Expands funding flexibility for the NHS and STP. Eligibility would be extended to .include.. computerized "intelligent" road and vehicle systems; access to public freight facilities, ports and other "intermodal terminals"; and publicly -owned intercity rail terminals. • Allows smaller transit systems flexibility to use.funds for operating or capital expenses, eliminates operating subsidies for areas over 200,000 and classifies preventative maintenance as an eligible capital expense. The proposed 30 -percent increase in funding for the Congestion Mitigation Program will benefit transit systems. The same is likely to be true for increases in funding for flexible core ISTEA programs such as NHS and STP. Includes three new programs to help finance: large infrastructure projects; which have national significance; State Infrastructure Banks (SIBs) which leverage f6deral-and non- federal funds for loans, credit enhancement and other innovative financing; and border crossing and trade corridor improvements. • Provides Amtrak with $4 billion in dedicated funding from the Highway Trust Fund. • Eliminates federal subsidies for high-speed rail and ferry boats. If you need any additional information, please do not hesitate to contact us, or Dick Ford in our Seattle office. Page 2 http,/Aeglnfo.leg.wa.g... e/6075-6099/6091_032697 http:/Aeginfo.leg.wa.gov/pub/billinfo/senate/6075-6099/6091_032697 S-2372.4 SENATE BILL 6091 State of Washington 55th Legislature 1997 Regular Session By Senators Prince, Haugen, Wood, Goings, Horn and Prentice Read first time 03/26/97. Referred to Committee on Transportation. AN ACT Relating to motor vehicle fuel taxes; amending RCW 82.36.025 and 47.26.080; adding new sections to chapter 46.68 RCW; adding a new chapter to Title 82 RCW; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1. RCW 82.36.025 and 1994 c 179 s 30 are each amended to read as follows: The motor vehicle fuel tax rate shall be computed as the sum of the tax rate provided in subsection (1) of this section and the additional tax rates provided in subsections (2) through (((- (5) -))) (+ (6) +) of this section. (1) A motor vehicle fuel tax rate of seventeen cents per gallon shall apply to the sale, distribution, or use of motor vehicle fuel. (2) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the rural arterial trust account in the motor vehicle fund for expenditures under RCW 36.79.020. (3) An additional motor vehicle fuel tax rate of one-third cent per gallon shall apply to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the urban arterial trust account in the motor vehicle fund. After June 30, 1995, ninety-five percent of this revenue shall be deposited in the urban arterial trust account in the motor vehicle fund and five percent shall be deposited in the small city account in the motor vehicle fund. (4) An additional motor vehicle fuel tax rate of one-third cent per gallon shall be applied to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130. (5) An additional motor vehicle fuel tax rate of four cents per gallon from April 1, 1990, through March 31, 1991, and five cents per gallon from April 1, 1991, applies to the sale, distribution, or use of motor vehicle fuel. The proceeds from the additional tax rate under this subsection, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor fuel tax rate provided in this section, shall be deposited in the motor vehicle fund and shall be distributed by the state treasurer according to RCW 46.68.095. (+ (6) From July 1, 1997, through December.31, 1997, an additional motor vehicle fuel tax rate of five cents per gallon and after December 31, 1997, an additional motor vehicle fuel tax rate of seven cents per gallon applies to the sale, distribution, or use of motor vehicle fuel, and the proceeds from this additional tax rate, reduced by an amount equal to the sum of the payments under RCW 46.68.090(1) (a), (b), and (c) multiplied by the additional tax rate prescribed by this subsection htfp://leginfo.leg.wa.g...e/6075-6099/6091_032697 hfp:/Aeginfo.leg.wa.gov/pub/billinfo/senate/6075-6099/6091_032697 ` (c) multiplied by the additional tax rate prescribed by this subsection divided by the motor vehicle fuel tax rate provided in this section, shall be deposited in the motor vehicle fund to be expended for highway purposes of the state as defined in RCW 46.68.130. +} {+ NEW SECTION. +) Sec. 2. A new section is added to chapter 46.68 RCW to read as follows: All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax imposed by RCW 82.36.025(6) shall be distributed monthly by the state treasurer in the following proportions: (1) From July 1, 1997, through December 31, 1997, four cents per gallon and after December 31, 1997, five cents per gallon shall be deposited in the motor vehicle fund and shall be expended for highway purposes of the state as defined in RCW 46.68.130; (2) From July 1, 1997, through December 31, 1997, fifteen one - hundredths of a cent per gallon and after December 31, 1997, thirty one -hundredths of a cent per gallon shall be deposited in the Puget Sound capital construction account and expended under RCW 47.60.505;.-: (3) From July 1, 1997, through December 31, 1997, one hundred seventy-five one -thousandths of a cent per gallon and after December; 31, 1997, thirty-five one -hundredths of a cent per gallon shall be deposited in the city major urban project account, and used solely for the purposes designated in section 4 of this act; (4) From July 1, 1997, through December 31, 1997, one hundred seventy-five one -thousandths of a cent per gallon and after December 31, 1997, thirty-five one -hundredths of a cent per gallon shall be deposited in the county road equalization account, and used solely for the purposes designated in section 3 of this act; (5) From July 1, 1997, through December 31, 1997, twenty-five one - hundredths of a cent per gallon and after December 31, 1997, five - tenths of a cent per gallon shall be allocated to cities and towns as provided in RCW 46.68.110; and (6) From July 1, 1997, through December 31, 1997, twenty-five one - hundredths of a cent per gallon and after December 31, 1997, five - tenths of a cent per gallon shall be allocated to counties as provided in RCW 46.68.120. {+ NEW SECTION. +} Sec. 3. A new section is added to chapter 46.68 RCW to read as follows: The county road equalization account is created in the motor vehicle fund. Into this account shall be placed such revenues as are provided under section 2(4) of this act. Funds in the account shall be distributed by the treasurer after certification by the county road administration board according to the following procedure: (1) The county road administration board shall certify to the treasurer that funds are to be distributed only to those counties that qualify by imposing any of the following local -option transportation.:. taxes: The motor vehicle fuel and special fuel tax, section 5 of this act; the commercial parking tax, RCW 82.80.030; the motor vehicle fuel and special fuel excise tax, RCW 82.80.010; or the vehicle license fee for counties, RCW 82.80.020. Funds from the account shall be distributed to qualifying counties in proportion to the number of paved arterial lane -miles in the unincorporated area of each county and shall be used to sustain the structural, safety, and operational integrity of county arterials. The county road administration board shall adopt rules and develop policies to implement this program and to assure that a pavement management system is used; and (2) At the end of the fiscal quarter, an amount equal to the money that is attributable to nonqualifying counties had they imposed one of the local -option taxes specified in subsection (1) of this section shall be transferred to the county arterial preservation account for distribution under RCW 46.68.095(4). {+ NEW SECTION. +} Sec. 4. A new section is added to chapter 46.68 RCW to read as follows: The city major urban project account is created in the motor vehicle fund. Into this account shall be placed such revenues as are provided under section 2(3) of this act. Funds in the account shall be distributed by the treasurer after certification by the transportation 2of5 ht.'p:/Aeginf6.leg.wa.g... e/6075-6099/6091_032697 http:/Aeginfo.leg.wa.gov/pub/billinfo/senate/6075-6099/6091_032697 distributed by the treasurer after certification by the transportation improvement board according to the following procedure: The transportation improvement board shall develop policies and adopt rules that distribute funds for large urban transportation projects only in those cities and towns that qualify by imposing any of the following local -option Lransportation taxes: The motor vehicle fuel and special fuel tax, section 6 of this act; the commercial parking tax, RCW 82.80.030; the sales and use tax for transportation purposes, section 8, chapter . . ., Laws of 1997 (Substitute Senate Bill No. 5480); the property tax levy for transportation purposes, section 3(1)(b), chapter , Laws of 1997 (Substitute Senate Bill No. 5480); or the vehicle registration fee for city transportation, section 4(1), chapter , Laws of 1997 (Substitute Senate Bill No. 5480). (+ NEW SECTION. +) Sec. 5. (1) Any county may levy, by approval of its legislative body and subject to referendum of the registered voters in the county as provided in section 7 of this act, an additional tax of up to one cent per gallon of motor vehicle fuel as defined in RCW 82.36.010 and on special fuel as defined in RCW 82.38.020 per gallon or one hundred cubic feet of compressed natural gas measured at standard temperature and pressure sold within the boundaries of the county. An election held under this section must be held not more than twelve months before the date on which the proposed tax is to be levied. The ballot setting forth the proposition shall state the tax rate that is proposed. The county's authority to levy additional motor vehicle fuel taxes and special fuel taxes under this section includes the incorporated and unincorporated areas of the county. The proposed tax shall not be levied less than one month from the date the election results are certified by the county election officer. The commencement date for the levy of any tax under this section shall be the first day of January, April, July, or October. (2) Taxes imposed under this section are intended to provide additional funding for transportation investments by local government, and shall not be used to replace or supplant existing funding. Beginning in 1997, all counties shall report annually the total transportation expenditures for their jurisdiction, as defined by the state auditor's office in the report "Local Government Comparative Statistics, 1994." Counties shall identify changes from their 1994 baseline transportation expenditure levels established in the above report. (3) Motor vehicle fuel tax refunds authorized under chapters 82.36 and 82.38 RCW are not required for taxes imposed under this section. The taxes imposed under this section are not subject to the transfer requirements of RCW 43.99.070, 46.09.170, and 46.10.170. (4) The state treasurer shall distribute monthly to the levying county the proceeds of the motor vehicle fuel tax and special fuel tax collected under this section, after the deductions for payments and expenditures as provided in RCW 46.68.090 (1) (a), (b), and (c). {+ NEW SECTION. +) Sec. 6. (1) Any city may levy, by approval of, its legislative body and subject to referendum of the registered voters in the city as provided in section 7 of this act, an additional tax of up to one cent per gallon of motor vehicle fuel as defined in RCW 82.36.010 and on special fuel as defined in RCW 82.38.020 per gallon or one hundred cubic feet of compressed natural gas measured at standard temperature and pressure sold within the boundaries of the city. An election held under this section must be held not more than twelve months before the date on which the proposed tax is to.be levied. The ballot setting forth the proposition shall state the tax rate that is proposed. The city's authority to levy additional motor vehicle fuel taxes and special fuel taxes under this section includes the incorporated areas of the city and is in addition to any taxes imposed under section 5 of this act. The proposed tax shall not be levied less than one month from the date the election results are certified by the city election officer. The commencement date for the levy of any tax under this section shall be the first day of January, April, July, or October. (2) Taxes imposed under this section are intended to provide additional funding for transportation investments by local government, and shall not be used to replace or supplant existing funding. ht*p:/AeginYo.leg.wa.g... e/6075-6099/6091_032697 hftp:/Aeginfo.leg.wa.gov/pub/billinfo/senate/6075-6099/6091_032697 and shall not be used to replace or supplant existing funding. Beginning in 1997, all cities shall report annually the total transportation expenditures for their jurisdiction, as defined by the state auditor's office in the report "Local Government Comparative Statistics, 1994." Cities shall identify changes from their 1994 baseline transportation expenditure levels established in the above report. (3) Motor vehicle fuel tax refunds authorized under chapters 82.36 and 82.38 RCW are not required for taxes imposed under this section. The taxes imposed under this section are not subject to the transfer requirements of RCW 43.99.070, 46.09.170, and 46.10.170. (4) The state treasurer shall distribute monthly to the levying city the proceeds of the motor vehicle fuel tax and special fuel tax collected under this section, after the deductions for payments and expenditures as provided in RCW 46.68.090(1) (a), (b), and (c). (+ NEW SECTION. +) Sec. 7. A referendum petition to repeal a county or city ordinance imposing a tax authorized under section 5 or 6 of this act must be filed with a filing officer, as identified in the ordinance, within seven days of passage of the ordinance. Within ten days, the filing officer shall confer with the petitioner concerning, form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question and an affirmative vote on the measure results in the tax being imposed and a negative answer to the question and a negative vote on the measure results in the tax not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten-day period. After this notification, the petitioner has thirty days in which to secure on petition forms the signatures of not less than fifteen percent of the registered voters of the county for county measures, or not less than fifteen percent of the registered voters of the city for city measures, and to file the signed petitions with the filing officer. Each petition form must contain the ballot title and the full text of the measure to be referred. The filing officer shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the filing officer shall submit the referendum measure to the county or city voters at a general or special election held on one of the dates provided in RCW 29.13.010 as determined by the county or city legislative authority, which election shall not take place later than one hundred twenty days after the signed petition has been filed with the filing officer. The referendum procedure provided in this section is the exclusive method for subjecting any county or city ordinance imposing a tax or fee under section 5 or 6 of this act to a referendum vote. Sec. 8. RCW 47.26.080 and 1994 c 179 s 8 are each amended to read as follows: There is hereby created in the motor vehicle fund the urban arterial trust account. The intent of the urban arterial trust account program is to improve the urban arterial street system of the state by improving mobility and safety while supporting an environment essential to the quality of life of the citizens of the state of Washington. To be eligible to receive these funds, a project must be consistent with the Growth Management Act, the Clean Air Act including conformity, and the Commute Trip Reduction Law. The project shall consider safety, mobility, and physical characteristics of the roadway and must be partially funded by local government. All moneys deposited in the motor vehicle fund to be credited to the urban arterial trust account shall be expended (+ as follows: (1) First, to those cities imposing one of the local -option transportation taxes or fees specified in section 4 of this act, an amount necessary to ensure that, in combination with the imposition of the local -option transportation taxes or fees, those cities will generate annual revenues equivalent to four dollars per capita; then (2) F +)or the construction and improvement of city arterial streets and county arterial roads within urban areas, for expenses of the transportation improvement board in accordance with RCW 47.26.140, or for the payment of principal or interest on bonds issued for the 4of5 http://Ieginro.leg.wa.g... e/6075-6099/6091_032697 http:/Aeginfo.leg.wa.gov/pub/billinfo/senate/6075-6099/6091_032697 purpose of constructing or improving city arterial streets and county arterial roads within urban areas, or for reimbursement to the state, counties, cities, and towns in accordance with RCW 47.26.4252 and 47.26.4254, the amount of any payments made on principal or interest on urban arterial trust account bonds from motor vehicle or special fuel tax revenues which were distributable to the state, counties, cities, and towns. The board shall not allocate funds, nor make payments of the funds under RCW 47.26.260, to any county, city, or town identified by the governor under RCW 36.70A.340. (+ NEW SECTION. +) Sec. 9. A new section is added to chapter 46.68 RCW to read as follows: State funding for freight mobility projects located on city -owned transportation facilities is conditioned upon the city imposing one or more of the following transportation local option taxes: The motor vehicle fuel and special fuel tax, section 6 of this act; the commercial parking tax, RCW 82.80.030; the sales and use tax for transportation purposes, section 8, chapter . . ., Laws of 1997 (Substitute Senate Bill No. 5480); the property tax levy for transportation purposes, section 3(1)(b), chapter . . ., Laws of 1997 (Substitute Senate Bill No. 5480); or the vehicle registration fee for city transportation, section 4(1), chapter Laws of 1997 (Substitute Senate Bill No. 5480). {+ NEW SECTION. +) Sec. 10. A new section is added to chapter 46.68 RCW to read as follows: State funding for freight mobility projects located on county -owned transportation facilities is conditioned upon the county imposing one or more of the following transportation local option taxes: The motor vehicle fuel and special fuel tax, section 5 of this act; the commercial parking tax, RCW 82.80.030; the motor vehicle fuel and special fuel excise tax, RCW 82.80.010; or the vehicle license fee for counties, RCW 82.80.020. {+ NEW SECTION. +) Sec. 11. Sections 5 through 7 of this act constitute a new chapter in Title 82 RCW. {+ NEW SECTION. +) Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. {+ NEW SECTION. +) Sec. 13. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997. --- END --- httpAs4ginfo.leg.wa.g... 5475-5499/5480-s_022797 http:/Aeginfo.leg.wa.gov/pub/billinfo/senate/5475-5499/5480-s_022797 5-2005.1 SUBSTITUTE SENATE BILL 5480 State of Washington 55th Legislature 1997 Regular Session By Senate Committee on Transportation (originally sponsored by Senators Wood, Haugen, Horn, Prentice, Sellar, Oke and Winsley) Read first time 02/28/97. AN ACT Relating to city and town transportation funding; amending RCW 84.52.010, 84.52.043, 82.80.020, 82.80.060, 82.80.070, 82.80.080, and 41.16.060; adding a new section to chapter 82.14 RCW; creating new sections; and repealing RCW 82.80.050. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: {+ NEW SECTION. +) Sec. 1. The legislature recognizes that cities and towns throughout the state face a crisis in their ability to meet growing local transportation needs, due in part to a 1995 decision of the state supreme court that invalidated street utility charges imposed under the authority of section 2, chapter 141, Laws of 1991 (RCW 82.80.050). The legislature intends to assist cities and towns to replace the local funding that would have been available to them had RCW 82.80.050 been upheld, by providing cities and towns with a choice of utilizing, with voter approval, regular property tax capacity that is available for but not utilized by special purpose districts, imposing vehicle license fees if those fees have not been imposed by the county in which the city or town is located, or increasing the local sales and use tax with voter approval, or some combination of the three. The legislature intends that allowing a shift in potential uses of existing property tax authority will not result in displacing property tax levies by other taxing districts, but will be available to cities and towns only to the extent that it is not utilized by other districts. Sec. 2. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows: Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts. The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively. When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner: (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) {+ The http:/Adbinfo.leg.wa.g... 5475-5499/5480-s_022797 http:/Aeginfo.leg.wa.gov/pub/billinfo/senate/5475-5499/5480-s_022797 certified levy of a city or town, to the extent such levy required authorization by the voters under RCW 84.52.043(1)(b), shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then t +}he portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (({- (b) -})) {+ (c) +} if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (Q- (c) -))) {+ (d) +} if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated. (2) The certified rates of tax levy subject to these limitations by all junior taxing districts {+ and cities and towns +} imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations: (a) First, {+ the certified levy of a city or town, to the extent such levy required authorization by the voters under RCW 84.52.043(1)(b), shall be reduced or eliminated; (b) Second, +} the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated; (({- (b) Second -})) {+ (c) Third +}, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated; (({- (c) Third -})) (+ (d) Fourth +), if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated; (({- (d) Fourth -})) {+ (e) Fifth +}, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and (((- (e) Fifth -))) {+ (f) Sixth +}, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated. In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012. Sec. 3. RCW 84.52.043 and 1995 c 99 s 3 are each amended to read as follows: Within and subject to the limitations imposed by RCW 84.52.050 as ! ittp://Ileginfo.leg.wa.g... 5475-5499/5480-s_022797 http:/fieginfo.leg.wa.gov/pub/billinfo/senate/5475-5499/5480-s_022797 amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows: (1){+ (a) +) Levies of the senior taxing districts shall be as follows: (((- (a) -))) {+ (i) +) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (((- (b) -))) {+ (ii) +) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (((- (c) -))) {+ (iii) +) the levy by any road district shall not exceed two dollars and twenty- five cents per thousand dollars of assessed value; and (({- (d) -))) {+ (iv) +) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty- seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy. {+ (b) In addition to levy increases allowed in (a) of this subsection, any city or town is hereby authorized to increase its levy to a rate not to exceed three dollars and eighty-seven and one-half cents per thousand dollars of assessed value, in addition to any levy authorized by RCW 41.16.060(2), for transportation purposes as that term is used in RCW 82.80.070 if approved by a majority of its voters voting at an election held any time within ten years prior to the imposition of the levy, but only to the extent that no other taxing district will have its levy reduced as a result of the increased city or town levy. +) (2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; (e) levies to finance affordable housing for very low-income housing imposed under RCW 84.52.105; and (f) the portions of levies by metropolitan park districts that are protected under RCW 84.52.120. Sec. 4. RCW 82.80.020 and 1996 c 139 s 4 are each amended to read as follows: (1) The legislative authority of a county(+ , city, or town +) may fix and impose an additional fee, not to exceed fifteen dollars per vehicle, for each vehicle that is subject to license fees under RCW 46.16.060 (+ and each vehicle subject to RCW 46.16.070 with an unladen weight of 6,000 pounds or less +) and is determined by the department of licensing to be registered within the boundaries of the {+ respective +) county{+ , city, or town; except that a city or town may only impose the fee to the extent that, on January 1, 1998, the county in which that city or town is located does not have the maximum fee in effect. The county, city, or town fee or increase in the amount of the fee may not take effect if it would cause the combined rate in any city or town to exceed fifteen dollars per vehicle +I- (2) The department of licensing shall administer and collect the fee. The department shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected, for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer for monthly distribution under RCW 82.80.080. (3) The proceeds of this fee shall be used strictly for transportation purposes in accordance with RCW 82.80.070. http:/Aeginfo.leg.wa.g... 5475-5499/5480-s_022797 hfp:/Aeginfo.leg.wa.gov/pub/billinfo/senate/5475-5499/5480-s_022797 (4) A county(+ , city, or town +) imposing this fee or initiating an exemption process shall delay the effective date at least six months from the date the ordinance is enacted to allow the department of licensing to implement administration and collection of or exemption from the fee. (5) The legislative authority of a county(+ , city, or town +) may develop and initiate an exemption process of the fifteen dollar fee for the registered owners of vehicles residing within the boundaries of the county(+ , city, or town: +) (a) {+ W +)ho are sixty-one years old or older at the time payment of the fee is due and whose household income for the previous calendarear is less than an amount prescribed b the county{+ , city, or town +) legislative authority(({- -})){+ +T or (b) who has a physical disability. (6) The legislative authority of a county(+ , city, or town +) shall develop and initiate an exemption process of the fifteen -dollar fee for vehicles registered within the boundaries of the county(+ city, or town +) that are licensed under RCW 46.16.374. Sec. 5. RCW 82.80.060 and 1991 c 141 s 3 are each amended to read as follows: The city or town electing to own, construct, maintain, operate, and preserve its streets and related facilities as a utility under this chapter may finance the construction, operation, maintenance, and preservation through local improvement districts, utility local improvement districts, or with proceeds from general obligation bonds and revenue bonds payable from the charges issued in accordance with chapter 35.41, 35.92, or 39.46 RCW, or any combination thereof. The city or town may use(({- , in addition to the charges authorized by RCW 82.80.050, -))) funds from general taxation, money received from the federal, state, or other local governments, and other funds made available to it. (({- The proceeds of the charges authorized by RCW 82.80.050 shall be used strictly for transportation purposes in accordance with this chapter and RCW 82.80.070. -})) Sec. 6. RCW 82.80.070 and 1991 c 141 s 4 are each amended to read as follows: (1) The proceeds collected pursuant to the exercise of the local option authority of RCW 82.80.010, 82.80.020, (+ and +) 82.80.030(({- 1 and 82.80.050 (hereafter -))) called {+ in this section +) "local option transportation revenues(+ , +)"(((- ) -))) shall be used for transportation purposes only, including but not limited to the following: The operation and preservation of roads, streets, and other transportation improvements; new construction, reconstruction, and expansion of city streets, county roads, and state highways and other transportation improvements; development and implementation of public transportation and high-capacity transit improvements and programs; and planning, design, and acquisition of right of way and sites for such- transportation purposes. The proceeds collected from excise taxes on - the sale, distribution, or use of motor vehicle fuel and special fuel under RCW 82.80.010 shall be used exclusively for "highway purposes" as that term is construed in Article II, section 40 of the state Constitution. (2) The local option transportation revenues shall be expended for transportation uses consistent with the adopted transportation and land use plans of the jurisdiction expending the funds and consistent with any applicable and adopted regional transportation plan for metropolitan planning areas. (3) Each local government with a population greater than eight thousand that levies or expends local option transportation funds, is also required to develop and adopt a specific transportation program that contains the following elements: (a) The program shall identify the geographic boundaries of the entire area or areas within which local option transportation revenues will be levied and expended. (b) The program shall be based on an adopted transportation plan for the geographic areas covered and shall identify the proposed operation and construction of transportation improvements and services in the designated plan area intended to be funded in whole or in part by local option transportation revenues and shall identify the annual http://keginfo.leg.wa.g... 5475-5499/5480-s_022797 hfp://Ieginfo.leg.wa.gov/pub/billinfo/Senate/5475-5499/5480-s 022797 costs applicable to the program. (c) The program shall indicate how the local transportation plan is coordinated with applicable transportation plans for the region and for adjacent jurisdictions. (d) The program shall include at least a six-year funding plan, updated annually, identifying the specific public and private sources and amounts of revenue necessary to fund the program. The program shall include a proposed schedule for construction of projects and expenditure of revenues. The funding plan shall consider the additional local tax revenue estimated to be generated by new development within the plan area if all or a portion of the additional revenue is proposed to be earmarked as future appropriations for transportation improvements in the program. (4) Local governments with a population greater than eight thousand exercising the authority for local option transportation funds shall periodically review and update their transportation program to ensure that it is consistent with applicable local and regional transportation and land use plans and within the means of estimated public and private revenue available. (5) In the case of expenditure for new or expanded transportation facilities, improvements, and services, priorities in the use of local option transportation revenues shall be identified in the transportation program and expenditures shall be made based upon the following criteria, which are stated in descending order of.weight to be attributed: (a) First, the project serves a multijurisdictional function; (b) Second, it is necessitated by existing or reasonably foreseeable congestion; (c) Third, it has the greatest person -carrying capacity; (d) Fourth, it is partially funded by other government funds, such as from the state transportation improvement board, or by private sector contributions, such as those from the local transportation act, chapter 39.92 RCW; and (e) Fifth, it meets such other criteria as the local government determines is appropriate. (6) It is the intent of the legislature that as a condition of levying, receiving, and expending local option transportation revenues, no local government agency use the revenues to replace, divert, or loan any revenues currently being used for transportation purposes to nontransportation purposes. The association of Washington cities and the Washington state association of counties, in consultation with the legislative transportation committee, shall study the issue of nondiversion and make recommendations to the legislative transportation committee for language implementing the intent of this section by December 1, 1990. (7) Local governments are encouraged to enter into interlocal agreements to jointly develop and adopt with other local governments the transportation programs required by this section for the purpose of accomplishing regional transportation planning and development. (8) Local governments may use all or a part of the local option transportation revenues for the amortization of local government general obligation and revenue bonds issued for transportation purposes consistent with the requirements of this section. Sec. 7. RCW 82.80.080 and 1990 c 42 s 213 are each amended to read as follows: The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 and 82.80.020, levied by counties to the levying counties, and cities contained in those counties, based on the relative per capita population. County population for purposes of this section is equal to one and one-half of the unincorporated population of the county. In calculating the distributions, the state treasurer shall use the population estimates prepared by the state office of financial management and shall further calculate the distribution based on information supplied by the departments of licensing and revenue, as appropriate. {+ The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW httpJAc,ginfo.leg.wa.g... 5475-5499/5480-s 022797 http://leginfo.leg.wa.gov/pub/billinfo/senate/5475-5499/5480-s_022797 82.80.020 levied by counties, cities, and towns to the respective levying cities and towns. +) {+ NEW SECTION. +) Sec. 8. A new section is added to chapter 82.14 RCW to read as follows: (1) The legislative authority of a city or town may submit an authorizing proposition to its voters, and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this section for the purposes designated in subsection (3) of this section. (2) The tax authorized in this section shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the city or town. The rate of tax shall equal one-tenth of one percent of the selling price in the case of a sales tax, or value of the article used in the case of a use tax. (3) Moneys received from any tax imposed under this section shall be used solely for transportation purposes as that term is used in RCW 82.80.070. Sec. 9. RCW 41.16.060 and 1987 c 319 s 2 are each amended to read as follows: {+ (1) +) It shall be the duty of the legislative authority of each municipality, each year as a part of its annual tax levy, to levy and place in the fund a tax of twenty-two and one-half cents per thousand dollars of assessed value against all the taxable property of such municipality: PROVIDED, That if a report by a qualified actuary on the condition of the fund establishes that the whole or any part of said dollar rate is not necessary to maintain the actuarial soundness of the fund, the levy of said twenty-two and one-half cents per thousand dollars of assessed value may be omitted, or the whole or any part of said dollar rate may be levied and used for any other municipal purpose. {+ (2) +) It shall be the duty of the legislative authority of each municipality, each year as a part of its annual tax levy and in addition to the city levy limit set forth in RCW 84.52.043, to levy and place in the fund an additional tax of twenty-two and one-half cents per thousand dollars of assessed value against all taxable property of such municipality: PROVIDED, That if a report by a qualified actuary establishes that all or any part of the additional twenty-two and one- half cents per thousand dollars of assessed value levy is unnecessary to meet the estimated demands on the fund under this chapter for the ensuing budget year, the levy of said additional twenty-two and one- half cents per thousand dollars of assessed value may be omitted, or the whole or any part of such dollar rate may be levied and used for any other municipal purpose: PROVIDED FURTHER, That cities that have annexed to library districts according to RCW 27.12.360 through 27.12.395 and/or fire protection districts according to RCW 52.04.061 through 52.04.081 shall not levy this additional tax to the extent that it causes the combined levies to exceed the statutory or constitutional limits. {+ (3) +) The amount of a levy under this section allocated to the pension fund may be reduced in the same proportion as the regular property tax levy of the municipality is reduced by chapter 84.55 RCW. {+ NEW SECTION. +) Sec. 10. RCW 82.80.050 and 1991 c 141 s 2 are each repealed. {+ NEW SECTION. +) Sec. 11. Section 10 of this act does not effect the validity of amounts already imposed under the repealed section, and those amounts may be collected and retained by cities and towns that imposed utility charges under the repealed section. (+ NEW SECTION. +) Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. http://le,ginfo.leg.wa.g... 5475-5499/5480-s_022797 http://leginfo.leg.wa.gov/pub/billinfo/senate/5475-5499/5480-s_022797 --- END --- http:!/Igginfo.leg.wa.g... 2175-2199/2180-s_031097 H-2428.1 http://Ieg i nfo.leg.wa.g ov/pub/bi I I in fo/house/2175-2199/2180-s_031097 SUBSTITUTE HOUSE BILL 2180 State of Washington 55th Legislature 1997 Regular Session By House Committee on Transportation Policy & Budget (originally sponsored by Representatives K. Schmidt, Radcliff, Mitchell, O'Brien and Robertson) Read first time 03/10/97. AN ACT Relating to the establishment of a state policy and program for freight mobility strategic investments; amending RCW 43.84.092 and 47.05.051; adding a new section to chapter 47.26 RCW; adding new sections to chapter 46.68 RCW; adding a new section to chapter 36.79 RCW; adding a new section to chapter 47.06 RCW; adding a new chapter to Title 47 RCW; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: (+ NEW SECTION. +) Sec. 1. The legislature finds that: (1) The well-being of the state of Washington's citizens is jeopardized when the vitality of the state's economy is placed at risk by aging transportation infrastructure, growing traffic congestion that impedes the efficient and safe flow of goods and people, constrained public funding for transportation investments needed to respond to anticipated population and economic growth, and the absence of a comprehensive and coordinated state policy and program that facilitates freight movements to local, national, and international markets. (2) Endowed with a strategic position on the burgeoning Pacific trade routes, Washington state is uniquely positioned as a gateway to the global economy. As the most trade -dependent state in the nation, per capita, Washington's economy is highly dependent on an efficient multimodal transportation network order to remain competitive with other west coast ports and to maintain its competitive edge in domestic markets. (3) Freight corridors that serve international and domestic interstate and intrastate trade, and those freight corridors that enhance the state's competitive position through regional and global gateways are strategically important. Physical barriers that block or delay access to intermodal facilities where freight is transferred from one mode of transport to another; conflicts between rail and road traffic; constraints on rail capacity; highway capacity constraints, congestion, and condition; waterway system depths that affect capacity; and institutional, regulatory, and operational barriers impede the fred movement of freight through these corridors. (4) Rapidly escalating population growth is placing an added burden on streets, roads, and highways that also serve as freight corridors. Community benefits from economic activity associated with freight movement, through access to goods, jobs, and exporting opportunities, often conflict with community concerns over safety, mobility, environmental quality, and access to emergency and recreational facilities. State efforts to minimize community impacts in areas of high freight movements and that encourage the active participation of local communities in the early stages of proposed public and private infrastructure investments will facilitate needed freight mobility improvements. (5) Ownership of the freight mobility network is fragmented and spread across various public jurisdictions, private companies, and state and national borders. Transportation projects have grown in complexity and size, requiring more resources and longer implementation time frames. Currently, there is no comprehensive and integrated framework for planning the freight mobility needs of public and private stakeholders in the freight transportation system. A coordinated planning process should identify new infrastructure investments that are integrated by public and private planning bodies into a multimodal and multijurisdictional network in all areas of the state, urban and http:/Aeginfo.leg.wa.g... 2175-2199/2180-s_031097 http:/Aeginfo.leg.wa.gov/pub/billinfo/house/2175-2199/2180-s_031067 ' rural, east and west. The state should integrate freight mobility goals with state policy on related issues such as economic development, growth management, and environmental management. (6) It is the policy of the state of Washington that constrained public transportation funding and competition between freight and general mobility improvements for the same fund sources require strategic, prioritized freight investments that reduce barriers to freight movement, maximize cost-effectiveness, yield a return on the state's investment, encourage complementary investments by public and private interests, and solve regional freight mobility problems. State financial assistance for freight mobility projects should leverage other funds from all potential partners and sources, including federal, county, city, port district, and private capital. (+ NEW SECTION. +) Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means the freight mobility strategic investment board created in section 4 of this act. (2) "Department" means the department of transportation. (3) "Financing guarantees" means the pledge of money in the freight mobility strategic investment account, or money to be received by the freight mobility strategic investment account, to the repayment of all or a portion of the principal of or interest on obligations issued to finance freight mobility projects. (4) "Local governments" means cities, towns, counties, special purpose districts, port districts, and any other municipal corporations or quasi -municipal corporations in the state excluding school districts. (5) "Strategic freight corridor" means a transportation corridor of great economic importance within an integrated freight system, that has been designated a strategic corridor under section 3(3) of this act. (6) "Freight mobility" means the safe, reliable, and efficient movement of goods within and through the state to ensure the state's economic vitality. (7) "Public entity" means a city, town, county, port district, or municipal or regional planning organization. {+ NEW SECTION. +) Sec. 3. The department shall develop and implement a freight mobility investment program in accordance with subsections (1) through (6) of this section for the purpose of providing state financial and technical assistance for transportation projects that enhance freight mobility. The department is authorized to enact rules necessary to implement this program, provided the freight mobility strategic investment board and the legislative transportation committee have approved any proposed rules in advance of adoption by the department. The department shall provide periodic progress' reports to the legislative transportation committee and the— freight mobility strategic investment board. (1) The department shall solicit from public and private entities proposed projects that meet the eligibility criteria established in accordance with subsection (4) of this section. (2) To the greatest extent practicable, the department shall incorporate and utilize the freight mobility analysis developed jointly between the Puget Sound regional transportation planning organization and the office of urban mobility within the department, and the recommendations of the freight mobility advisory committee, established and appointed by the legislative transportation committee. (3) The department shall designate strategic freight mobility corridors within the state based on freight tonnages, values, or other criteria relevant in determining those transportation corridors most critical to the state economy. The department shall update the list of designated strategic corridors not less than every two years, and shall establish a method of collecting and verifying data, including information on city and county -owned roadways. (4) The department shall establish project eligibility criteria that, at a minimum, includes the following: (a) The project's relationship to a strategic freight corridor; (b) The degree to which the project: Improves intermodal or port _C� http://leginfo.leg.wa.g... 2175-2199/2180-s_031097 hftp:/Aeginfo.leg.wa.gov/pub/billinfo/house/2175-2199/2180-s_031097 access, alleviates a rail/road conflict, improves freight rail capacity or condition, improves road capacity or condition specifically for freight mobility, or improves waterway capacity specifically for freight mobility; and (c) The state-wide or regional significance of the project. (5) In addition to developing project eligibility criteria, the department shall also establish criteria that can be used to prioritize and select projects for possible funding. At a minimum, selection criteria should include consideration of the following: (a) Level of financial commitment from public and private partners; (b) Critical timing of investment decisions by public or private partners; (c) Level to which congestion or delay in the delivery of freight is reduced; (d) Reduction of transportation impacts on affected communities; (e) Analyzes the project's relative costs and benefits, including consideration of least -cost alternatives and the cost of taking no action; (f) National, state-wide, or regional significance of the project; (g) Improves access to ports or at border crossings; (h) Furthers economic development; and (i) Consistency with state and regional transportation plans, including those developed under chapter 36.70A RCW, the growth management act. (6) The department shall provide technical expertise to public and private entities to assist these entities in submitting proposed projects. (+ NEW SECTION. +) Sec. 4. (1) The freight mobility strategic investment board is created. (2) The board is composed of thirteen members with nonex officio members appointed by the secretary of the department. The board members are appointed for terms of four years, except that five members initially are appointed for terms of two years. The board must include: (a) Two members, one of whom is from a city located within or along a strategic freight corridor, appointed from a list of at least six persons nominated by the association of Washington cities or its successor; (b) two members, one of whom is from a county having a strategic freight corridor within its boundaries, appointed from a list of at least six persons nominated by the Washington state association of counties or its successor; (c) two members, one of whom is from a port district located within or along a strategic freight corridor, appointed from a list of at least six persons nominated by the Washington public ports association or its successor; (d) two members from the department, nominated by the secretary of the department; (e) one member appointed as a representative of the trucking industry; (f) one member appointed as a representative of the class I railroads; (g) the chairman of the senate transportation committee; (h) the chairman of the house transportation committee; and (i) one member of the general public. In appointing the general public member, the secretary shall endeavor to appoint a member with special expertise in relevant fields such as public finance, freight transportation, or public works construction. The secretary shall appoint the general public member as chair of the board. (3) Staff support to the board shall be provided by the department, except that the board is authorized to employ a professional administrator to organize and assist the board in carrying out its responsibilities. (4) Members of the board shall receive no compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060. (5) If a vacancy on the board occurs by death, resignation, or otherwise, the secretary shall fill the vacant position for the unexpired term. Each vacancy in a position appointed from lists provided by the associations and departments under subsection (2) of this section shall be filled from a list of at least three persons nominated by the relevant association or associations. Any members of the board, appointive or otherwise, may be removed by the secretary -for cause in accordance with RCW 43.06.070 and 43.06.080. hftp://leginfo.leg.wa.g... 2175-2199/2180-s 031097 http://leginfo.leg.wa.gov/pub/billinfo/house/2175-2199/2180-s_031097 {+ NEW SECTION. +) Sec. 5. (1) The board shall meet not less than twice per year to conduct any and all necessary business, including, but not limited to: (a) Reviewing, evaluating, and approving the department's proposed rules and procedures necessary to implement the freight mobility strategic investment program; (b) Reviewing and evaluating project applications based on criteria established under section 3 of this act, and prioritizing and selecting projects comprising a portfolio to be funded in whole or in part with financial guarantees, loans, or grants from the freight mobility strategic investment account, created under section 7 of this act. After selecting projects comprising the portfolio, the board shall submit the portfolio to the legislative transportation committee for its approval prior to obligating or disbursing any funds from the account. The board shall ensure that projects submitted as part of the portfolio are not more appropriately funded with other federal, state, or local government funding mechanisms or programs. The board shall strictly scrutinize those projects that appear to improve overall general mobility with limited enhancement for freight mobility. (2) The board may: (a) Submit the project portfolio for review and comment by the - transportation commission, but is not required to do so. The transportation commission has no authority to alter any of the projects contained in the portfolio; (b) Accept from any state or federal agency, loans or grants for the planning or financing of any transportation project and enter into agreements with any such agency concerning the loans or grants; (c) Provide technical assistance to project applicants; (d) Accept any gifts, grants, or loans of funds, property, or financial, or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter; (e) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and (f) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter. (+ NEW SECTION. +) Sec. 6. The legislative transportation committee shall review project portfolios submitted. under section 5 of this act for funding approval from the freight mobility strategic investment account. The legislative transportation committee may remove projects from the portfolio, but may not add new projects, substitute for removed projects, or change the scope of projects selected for inclusion within the portfolio. {+ NEW SECTION. +) Sec. 7. The freight mobility strategic investment account is created within the transportation fund or motor vehicle fund. Money may be placed in the account from the proceeds,=of bonds or from any other lawful source. Money in the account must beL;; used to make grants, loans, or to give financial guarantees for selected freight mobility projects. Moneys in the account may be used to provide for state match requirements to qualify for federal intermodal surface transportation act funds. For the 1997-99 fiscal biennium, moneys in the account may be appropriated by the legislature, and are not subject to the project selection process prescribed in chapter . . ., Laws of 1997 (this act). Any moneys not appropriated by the legislature or expended by the board during the 1997-99 fiscal biennium for selected freight mobility projects or uses shall remain in the account for other eligible projects. Sec. 8. RCW 43.84.092 and 1996 c 262 s 4 are each amended to read as follows: (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury. (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is. subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by AnfQ http://Igginfo.leg.wa.g... 2175-2199/2180-s_031097 httpJfeginfo.leg.wa.gov/pub/billinfo/house/2175-2199/2180-s 031097 the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section. (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section. (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except: (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan I account, the teachers' retirement system plan II account, the transportation infrastructure account, {+ the freight mobility strategic investment account, +) the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings . derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the http:/peginto.leg.wa.g... 2175-2199/2180-s 031097 http:/Aeginfo.leg.wa.gov/pub/billinfolhouse/2175-2199/2180=s_031097 scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190. (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the central Puget Sound public transportation account, the city hardship assistance account, the county arterial preservation account, the department of licensing services account, the economic development account, the essential rail assistance account, the essential rail banking account, the ferry bond retirement fund, the gasohol exemption holding account, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway construction stabilization account, the highway safety account, the marine operating fund, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations - account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the small city account, the special category C account, the state patrol highway account, the transfer relief account, the transportation capital facilities account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation revolving loan account, and the urban arterial trust account. (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section. {+ NEW SECTION. +} Sec. 9. In order to aid the financing of eligible freight mobility projects, the board may: (1) Make low-interest or interest-free loans from the freight mobility strategic investment account or other funds and accounts for the purpose of financing freight mobility projects. The board may require the terms and conditions and may charge the rates of interest on its loans as it deems necessary or convenient to carry out the purposes of this chapter. Money received in repayment of loans made under this section is paid into the freight mobility strategic investment account for uses consistent with this chapter. (2) Pledge money in the freight mobility strategic investment account, or money to be received by the freight mobility strategic investment account, to the repayment of all or a portion of the principal of or interest on obligations issued to finance freight mobility projects. The board shall not pledge an amount greater than the sum of money in the freight mobility strategic investment account: plus money to be received from the payment of the debt service on loans made from that account, nor shall the board pledge the faith and credit or the taxing power of the state or an agency or subdivision thereof,to the repayment of obligations issued. (3) Create subaccounts in the freight mobility strategic investment account as the board deems necessary to carry out the purposes of this chapter. (4) Provide a method for the allocation of loans and financing guarantees and the provision of technical assistance under this chapter. All freight mobility projects aided in whole or in part under this chapter are put out for competitive bids, except for emergency public works under RCW 43.155.065 for which the recipient jurisdiction shall comply with this requirement to the extent feasible and practicable. The competitive bids called for are administered in the same manner as all other public works projects put out for competitive bidding by the lead project proponent aided under this chapter. {+ NEW SECTION. +) Sec. 10. (1) The board may make low-interest or interest-free loans for preconstruction activities on freight mobility projects before the legislature approves the construction phase of the project. Preconstruction activities include design, R C%f a http://leginfo.leg.wa.g... 2175-2199/2180-s 031097 hftp:/Aeginfo.leg.wa.gov/pub/billinfo/house/2175-2199/2180-s_031097 engineering, bid -document preparation, environmental studies, right of way acquisition, and other preliminary phases of transportation projects as determined by the board. The purpose of the loans authorized in this section.is to accelerate the completion of freight mobility projects by allowing preconstruction activities to be performed before the approval of the construction phase of the project by the legislature. (2) Projects receiving loans for preconstruction activities under this section must be evaluated using the process and factors established by the board under section 9 of this act. The receipt of a loan for preconstruction activities does not ensure the receipt of a construction loan for the project under this chapter. The board shall adopt a single application process for project proponents seeking both a loan for preconstruction activities under this section and a construction loan for the project. {+ NEW SECTION. +) Sec. 11. The board shall keep proper records of accounts and shall be subject to audit by the state auditor. {+ NEW SECTION. +) Sec. 12. A new section is added to chapter 47.26 RCW to read as follows: For the period ending June 30, 1998, the transportation improvement board shall give special consideration to projects that eliminate, reduce, or mitigate the impacts of freight traffic at highway/rail crossings. These projects may include, but are not limited to, grade separation, signalization, consolidation of public at -grade crossings, and construction of bypass routes for vehicular and pedestrian traffic. (+ NEW SECTION. +) Sec. 13. A new section is added to chapter 46.68 RCW to read as follows: For the period ending June 30, 1998, the transportation improvement board shall give special consideration to projects that eliminate, reduce, or mitigate the impacts of freight traffic at highway/rail crossings. These projects may include, but are not limited to, grade separation, signalization, consolidation of public at -grade crossings, and construction of bypass routes for vehicular and pedestrian traffic.. {+ NEW SECTION. +) Sec. 14. A new section is added to chapter 36.79 RCW to read as follows: For the period ending June 30, 1998, the county road administration board shall give special consideration to projects that eliminate, reduce, or mitigate the impacts of freight traffic at highway/rail crossings. These projects may include, but are not limited to, grade separation, signalization, consolidation of public at -grade crossings, and construction of bypass routes for vehicular and pedestrian traffic. (+ NEW SECTION. +) Sec. 15. A new section is added to chapter 46.68 RCW to read as follows: For the period ending June 30, 1998, the county road administration board shall give special consideration to projects that eliminate, reduce, or mitigate the impacts of freight traffic at highway/rail crossings. These projects may include, but are not limited to, grade separation, signalization, consolidation of public at -grade crossings, and construction of bypass routes for vehicular and pedestrian traffic. {+ NEW SECTION. +) Sec. 16. 47.06 RCW to read as follows: The state -interest component transportation plan shall include assess the transportation needs to efficient movement of goods within state's economic vitality. A new section is added to chapter f the state-wide multimodal freight mobility plan which shall ensure the safe, reliable, and and through the state to ensure the- (+ NEW SECTION. +) Sec. 17. To the greatest extent practicable, port districts in the state shall submit their development plans to the regional transportation planning organization or metropolitan planning organization, the department, and affected cities and counties to better coordinate the development and funding of freight mobility projects. http://leginfo.leg.wa.g... 2175-2199/2180-s_031097 hftp:/Aeginfo.leg.wa.gov/pub/billinfo/house/2175-2199/2180-s_031097 Sec. 18. RCW 47.05.051 and 1993 c 490 s 5 are each amended to read as follows: The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the state- wide multimodal transportation plan as defined in RCW 47.01.071(3) and priority selection systems that incorporate the following criteria: (1) Priority programming for the preservation program shall take into account the following, not necessarily in order of importance: (a) Extending the service life of the existing highway system; (b) Ensuring the structural ability to carry loads imposed upon highways and bridges; and (c) Minimizing life cycle costs. The transportation commission in carrying out the provisions of this section may delegate to the department of transportation the authority to select preservation projects to be included in the six-year program. (2) Priority programming for the improvement program shall take into account the following: (a) Support for the state's economy, including job creation and job preservation; (b) The cost-effective movement of people and goods; (c) Accident and accident risk reduction; (d) Protection of the state's natural environment; (e) Continuity and systematic development of the highway transportation network; (f) Consistency with local comprehensive plans developed under chapter 36.70A RCW; (g) Consistency with regional transportation plans developed under chapter 47.80 RCW; (h) Public views concerning proposed improvements; (i) The conservation of energy resources; (j) Feasibility of financing the full proposed improvement; (k) Commitments established in previous legislative sessions; (1) Relative costs and benefits of candidate programs; (m) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be reprioritized during the succeeding biennium, based upon updated project data. Reprioritized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding; and (n) Major project approvals which significantly increase a project's scope or cost from original prioritization estimates shall include a review of the project's estimated revised priority rank and the level of funding provided. Projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding. (3) The commission may depart from the priority programming established under subsections (1) and (2) of this section: (a) To the extent that otherwise funds cannot be utilized feasibly within the program; (b) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations; (c) as may be required to coordinate with federal, local, or other state agency construction projects; (d) to take advantage of some substantial financial benefit that may be available; (e) for continuity of route development; or (f) because of changed financial or physical conditions of an unforeseen or emergent nature. The commission or secretary of. transportation shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority. {+ (4) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities. +) (+ NEW SECTION. +) Sec. 19. The legislative transportation committee shall review and analyze freight mobility issues affecting eastern and southeastern Washington and report back to the legislature by January 15, 1998. The review and analysis shall also give consideration to nonphysical barriers, such as burdensome laws and regulations, that are adversely impacting freight mobility. a..fn tittpJAeginfo.leg.wa.g... 2175-2199/2180-s_031097 http://Ieginfo.leg.wa.gov/pub/billinfo/house/2175-2199/2180-s_031097 (+ NEW SECTION. +) Sec. 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. (+ NEW SECTION. +) Sec. 21. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately. (+ NEW SECTION. +) Sec. 22. Sections 1 through 7, 9 through 11, 17, and 19 of this act constitute a new chapter in Title 47 RCW. --- END --- J, .-c7 s- O O 'IT CO CO M O CO to O m M CO to (2 r O CO N to O O Q CO CD L r N rn CO N to 'T U) C,4 k�M• 6%6N9� N N Co CC) Co V N O N CC) CO �f O N C7p C'A crJ CO OO CC CD N . 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C d ►'� .d �" '� W) o co co co m m m X X X X X X X X X X X X X X cn C7 h SubTotal Congressional District 2 $71,865,000 3. WSDOT Northwest Region $ 8,250,000 SR 20 Deception Pass - Widen existing bridge deck to include a 28 ft roadway and a 6 foot pedestrian walkways with improvements to provide ADA facilities and improved bicycle facilities on this route. 4. WSDOT Northwest Region $10,200,000 Stage 1 would widen from MP 0.52 to MP 1.09. 5. WSDOT Northwest Region $ 4,900,000 Construct both a pace lane on I-5 and SC&DI equipment at the crossing on 1-5, SR 9, SR 539, and SR 543 to provide advanced traveler information concerning conditions at the four border crossings. REV 3/4/97 Page 1 iga8-Zov3 jSTi=A Proposed Washington State Transportation Demonstration Projects (Not Prioritized) Congressional District 1 1. Lynnwood $10,735,000 I-5/196th St. SW (SR 524) Freeway Interchange Improvements la. Lynnwood $ 5,630,000 Widen 99 -148th to County Line 2. Edmonds $ 40,000,000 Multi -modal Transportation Center 37. WSDOT Olympic Region $15,500,000 SR 305 - Construct added HOV lanes, transit queue bypasses, and intersection improvements SubTotal Congressional District 2 $71,865,000 3. WSDOT Northwest Region $ 8,250,000 SR 20 Deception Pass - Widen existing bridge deck to include a 28 ft roadway and a 6 foot pedestrian walkways with improvements to provide ADA facilities and improved bicycle facilities on this route. 4. WSDOT Northwest Region $10,200,000 Stage 1 would widen from MP 0.52 to MP 1.09. 5. WSDOT Northwest Region $ 4,900,000 Construct both a pace lane on I-5 and SC&DI equipment at the crossing on 1-5, SR 9, SR 539, and SR 543 to provide advanced traveler information concerning conditions at the four border crossings. REV 3/4/97 Page 1 6. Port of Anacortes $10,570,603 Design and construct an to upgrade and retrofit terminal facilities to accommodate passenger traffic and additional freight mobility. 7. City of Anacortes $ 815,000 Acquire and develop the BNRR spur for pedestrian/bike trail and utility corridor. 8. City of Sedro Woolley/Skagit $ 2,100,000 Cook Rd (old highway 99 County to SR 20) reconstruction and safety 9. Mount Vernon $ 9,594,000 Mount Vernon multimodal arterial circulation project 10. City of Everett $ 7,893,730 SR 527 Arterial widening project, 112th St SE to 132nd St SE 11. City of Everett $ 1,000,000 Snohomish County/Everett Vicinity I-5 Corridor -Design Report and Environment study 50. WSDOT Northwest Region $124,300,000 Widen 10.59 miles of two-lane roadway to a four -lane divided highway SR 9 and SR 2. Widen SR 522 to include four 12 -foot travel lanes, two 10 -foot shoulders, and a 40 -foot minimum median. Interchanges will be constructed at Paradise Lake Road and Falls Road. SubTotal $179,623,333 Congressional District 3 13. WSDOT Southwest Region $ 1,200,000 Oregon's SR 35 Hood River Bridge Feasibility Study REV 3/4/97 Page 2 14. WSDOT Southwest Region $19,000,000 SR 14 Safety construct additional Improvement Projects in to the Keys Road the Columbia River 21. WSDOT South Central Region $ 10,500,000 New Interchange at the Gorge National Scenic Intersection. 22. WSDOT South Central Region $ 11,000,000 Area 15. Vancouver $ 10,000,000 Mill Plain Extension to REV 3/4/97 Page 3 SR 501. 16. Clark County $ 32,000,000 Connect 192nd Avenue from SR 14 to SE 15th, including new interchange and arterial roadway 17. Castle Rock $ 640,000 Design and construct Huntington Avenue South 18. Castle Rock $ 528,000 Design and construct Cowlitz Street 19. Port of Kalama $ 1,250,000 Design and Construct Kalama River Bridge 19a. Lewis County $ 21,800,000 Design and construct two new interchanges on I-5 in northern Lewis County. 19b. WSDOT Southwest Region $ 3,500,000 Construction of the relief channel and a seven year study of the dredged channel on SR 105. SubTotal $ 89,918,000 ConLyressional District 4 20. WSDOT South Central Region $ 10,800,000 Reconstruct the I 82/SR 24 Interchange and construct additional lanes on'SR 24 from 182 to the Keys Road Intersection. 21. WSDOT South Central Region $ 10,500,000 New Interchange at the US 395/Hillsboro St Intersection. 22. WSDOT South Central Region $ 11,000,000 Provide 8 -ft. shoulders and 12 -ft lanes to existing SR 240. REV 3/4/97 Page 3 23. WSDOT South Central Region 24. Benton County 25. City of Kennewick 26. Grant County SubTotal Congressional District 5 27. WSDOT South Central Region 28. Asotin County 29. WSDOT Eastern Region 30. WSDOT Eastern Region 31. WSDOT Eastern Region REV 3/4/97 Page 4 $130,000,000 SR 240 - Add one more lane in each direction to the existing 4 lane facility. Construct or reconstruct three interchanges. Replace Yakima River bridge. Provide Full Access Control. . $ 6,365,000 Construction of a new 2 lane route into Finley to allow direct and rapid access to I-82 for truck traffic. $ 1,608,900 Columbia Center Boulevard Widening- SR 240 to Canal Drive $ 600,000 Purchase 6 mini buses and 6 vans $170,873,900 $160,100,000 Provide a 4 -lane SR 12 highway between the Tri -Cities and Walla Walla. $ 5,658,000 Design and Construct new SR 129 Fleshman Way I/C $11,200,000 Provide for grade separated crossings and interchanges at SR 395 and Muse, Cunningham, Sutton and Lind Roads. $ 6,400,000 Construct a.grade separated interchange at the Meadowlane Road and SR 195 intersection, MP 92.28. $18,400,000 Provide two additional lanes on SR 395 from Half Moon Rd to Montgomery Rd, MP 172.6 -MP 183.94. 32. WSDOT Eastern Region $ 6,400,000 Realign SR 290 to the south, from SR 2/Division St to either Perry St or 1/10th mile east of Napa St and address air quality issues. 33. WSDOT Eastern Region $ 3,600,000 Provide an 18-24 vehicle capacity vessel for inland waterway use on SR 21. SubTotal $211,758,000 Congressional District 6 34 WSDOT Olympic Region $ 8,000,000 Repair unstable slope areas of SR 166 between MP 0.5 and MP 3.1. 35. WSDOT Marine $ 5,000,000 Construct a high speed passenger only vessel with low wake characteristics and increased reliability. 36. WSDOT Olympic Region $ 10,600,000 SR 3/304 - For R/W and construction of six lanes including HOV lanes. 37a. United Infrastructure $ 75,000,000 SR -16 Narrows Bridge Corporation Approaches SubTotal $ 98,600,000 Congressional District 7 40. WSDOT Urban Mobility $83,000,000 Access Improvements into and out of the regions major ports. 41. WSDOT Rail Division $ 6,000,000 Rehabilitation of historic train station. SubTotal $ 89,000,000 REV 3/4/97 Page 5 Congressional District 8 42. WSDOT Northwest Region $ 22,000,000 Widen the roadway on SR 18 to 4 lanes, from MP 12.57 to MP 16.31 (3.74 miles). 43. WSDOT Olympic Region $ 1,032,000 Provide a 40 parking stall rest area with a 6 unit ADA accessible Lest room facility at Elbe. 44. City of Renton $ 5,000,000 Redesign of the I-405/NE 44th Street Interchange to provide Multi -Modal access. 45. WSDOT Northwest Region $ 31,900,000 Reconstruct the existing interchange on I-90 at Sunset Way MP 18.21. 45a. City of Bellevue $ 23,450,000 New direct access interchange from I-405 HOV lanes to NE 8th and the Bellevue Transit Center. Remove HOV restrictions on NE 4th Interchange. 47. City of Buckley $ 800,000 SR 410/SR 165 Realignment SubTotal $ 84,182,000 Congressional District 9 12. Lacey $15,200,000 1-5 Interchange reconstruction at Marvin Road (SR 510) 38. WSDOT Northwest Region $10,000,000 Construct a new alignment for SR 509 as well as the interchange and auxiliary lanes on I-5. REV 3/4/97 Page 6 46. WSDOT Olympic Region $186,000,000 Complete freeway system by connecting SR 167, SR 410,&SR 512 to the I-5 Corridor and SR 509 by constructing general purpose and HOV lanes. 48. Pierce County $ 4,500,000 Cross Base Corridor design from I-5 to SR 7 SubTo tal $ 215,700,000 TOTAL $1,211,520,233 - REV 3/4/97 Page 7 CITY OF DATE: April 2, 1997 TO: Phil Watkins, Chair Land Use and Transportation Committee FROM: Rick Perez, Traffic Engineer SUBJECT. • Sounding Board Ordinance Package to King County Council This memo is to update the City Council of the development underway with King County METRO's South County Sounding Board and seek City Council's input on new developments in the process of implementing a revised transit route structure. At City Council's meeting on March 4, 1997, the Council supported the Sounding Board's alternative (Alternative A), with the following recommendations: 1. Service be restored in the gaps created where service currently exists, e.g. Military Road S between S 288th Street and S 304th Street, SW Dash Point Road between 1st Avenue S and SW 312th Street; 2. The new route between Federal Way and Kent (proposed Route 183) begin at 5:30 a.m. in order to serve commuters that need to be at work at 7:00 a.m. ; 3. Service be provided along S/SW 356th Street east of 13th Way SW; 4. Should the fixed route street grid service not be as successful as the existing DART service, that restoration of DART service be available as a backup option. The Sounding Board met weekly through March to consider the results of the public input received. Pertaining to Federal Way, public opinion was split between Alternatives A and B, with each of these alternatives being preferred by roughly one-third. Alternative C was preferred by roughly 10% of the respondents. Those preferring Alternative B were predominantly commuters to Seattle that wanted to retain their "one -seat rides". in response to Council's and public input, the Sounding Board attempted to balance the competing interests of those wanting to retain the one -seat rides and those preferring enhanced local service. Land Use Transportation Committee April 2, 1997 Page 2 The resulting service changes in Federal Way differed substantially from any of the alternatives presented during the public comment period. At the same time, Metro staff informed the Sounding Board that the number of revisions proposed for South King County, in conjunction with those proposed on the Eastside and Central Seattle, would overwhelm Metro staff. Metro staff proposed that implementation of South King County's service package be split into two phases. (It has also been suggested in some quarters that there is little desire to implement potentially divisive proposals within two months of an election). With some assurance that Metro would not reduce funding should implementation be delayed, the Sounding Board chose to divide the service changes as follows: 1. Service changes that were consistent with alternatives presented in the public comment period and that enjoyed a strong consensus would be recommended for implementation in September 1997. 2. Other service changes (largely those in Federal Way) would be presented to the public for further comment with the intent of implementation in February 1998. In Federal Way, service changes now proposed for September implementation include the following: 1. Midday service on Route 181 would be increased to 30 minute headways. The Sounding Board recommends that Route 181 be extended from Green River Community College to the Lake Meridian Park and Ride to provide better connections from Kent East Hill and Covington, whereas Metro staff proposes that Route 181 not be extended at this time. Route 181 would be realigned between S 336th Street and Federal Way Transit Center from Weyerhaeuser Way S to S 336th Street, 20th Avenue S, and S 324th Street. 2. The new route to Kent (Route 183) would be implemented. This would replace Route 902 and the portion of Route 192 south of the Star Lake Park and Ride. This would create the aforementioned gap on Military Road S between S 304th Street and S 288th Street, and would require that commuters now using the portion of Route 192 south of Star Lake transfer at Star Lake or Federal Way Transit Center to other commuter routes. 3. Route 194 would be realigned from Pacific Highway S and S 348th Street between S 336th Street and the South Federal Way Park and Ride to S 336th Street and 9th Avenue S. 4. Route 903 would be realigned between S 336th street and Federal Way Transit Center from S 336th Street and 20th Avenue S to 1st Avenue S, S 320th Street, and 11th Place S. Metro staff is proposing that Route 903 would also divert from 1st Way S on S 336th Land Use Transportation Committee April 2, 1997 Page 3 Street, 9th Avenue S, 6th Avenue S, and S 333rd Street. This also modifies the DART service area. It should be noted that the South King County revisions proposed by September implementation use the entire increased budget for the South county subarea. Hence any route revisions proposed for implementation in February 1998 must be budget -neutral. The service changes proposed for implementation in September do not address the Council;'s previous recommendation in the following ways: 1. A gap in existing service is still created on Military Road S between S 288th Street and S 304th Street (although Metro staff reports that this segment is used by one rider per day on average); 2. No new service is proposed on S/SW 356th Street. The Sounding Board and Metro staff presented their recommendations to the King County Council's Transportation Committee on April 1. The King County Council's staff report, the Sounding Board's recommendations, and a comparison of the two proposals are attached. One particular issue that the Sounding Board recommendations address that is not addressed in Metro's staff report is a proposal to divide a route's budget by the route's travel time in a given subarea. The South King County Sounding Board has been frustrated by their inability to modify routes that could be better used in South County because of impacts to other parts of King County. In order to avoid the appearance of a turf battle, the Sounding Board is recommending that budgets be allocated to subareas by actual travel times within each given subarea. Staff recommends the City Council present a letter to the King County Council supporting the Sounding Board's recommendations. Attachments: South King County Sounding Board for the Six -Year Plan 1997 Service Implementation South King County 1997 Service Change Metropolitan King County Council Transportation Committee - Staff Report RP cc: Kenneth E. Nyberg, City Manager Philip D. Keightley, Deputy City Manager Project File Land Use Transportation Committee April 2, 1997 Page 4 Day File K:\LUTC\SBCTYREC.MMO South King County Sounding Board for the Six-Year Plan 1997 Service Implementation Recommendation March 25, 1997 South King County Sounding Board Recommendation Page 2 Table of Contents Sounding Board Process and Members S Implementation of the South Subarea 1997 Project 5 Six -Year Plan Goals 6 Mobility Market Share Cost and Efficiency Service Objectives Community Objectives Issues 7 Sample Network 7 Existing Commuters to Seattle 7 Phasing of Implementation 7 Consistency with Local Plans 8 Regional Transit Authority 9 Budget 9 Distribution of Operating Funds 10 Capital 10 Rider Information and Marketing 10 Proposed General Service Plan 11 Phase 1. September 1997 11 Phase 2. February 1998 is Priorities for Future Transit Service 16 South King County Sounding Board Recommendation Page 3 Sounding Board Process and Members In May 1996 the South King County Sounding Board for 1997 implementation of the Six -Year Plan was established as an advisory committee to the King County Department of Transportation. Twenty-nine individuals were appointed by Rick Walsh, transit general manager. Three later resigned. We represent a wide range of interests within the communities, including existing riders, business, schools, or- ganizations, retail merchants, human services, elderly, handicapped and non -riders. The 26 who finished the process were ■ Betty Aman, Algona ■ 'Cris Ellingson, Black Diamond ■ Suzanne Gillette, Federal Way ■ Paula Hatley, Federal Way/Auburn ■ Fred Helser, Auburn ■ Dudley Jackson, Kent ■ Linda Johnson, Kent ■ Victoria Laise Jonas, Maple Valley ■ Dan Keene, Auburn (Green River Community College) ■ Rod Leland, Federal Way (Federal Way School District) ■ Pete Lewis, Auburn ■ Barbara Lindow, Kent ■ Patty Maddux, Federal Way ■ Lynn Norman, Auburn ■ Louise Poppleton, Enumclaw ■ Linda Rasmussen, at -large (South King County YWCA) ■ Bob Roper, Federal Way ■ Alva Sadler, Auburn ■ Kay Shreve, Federal Way ■ Michael Skehan, Auburn ■ Leonard Sneatlum, Auburn (Muckleshoot Tribe). ■ Katy Taylor, Federal Way (Weyerhaeuser Co.) ■ Roger Thordarson, Auburn ■ Joanne Van Deurzen, Federal Way ■ Liz Warman, at -large (Boeing Co.) ■ Robert Whalen, Kent. South King County Sounding Board Recommendation Page 4 Transportation staff included Kathy Hall, community relations; and Doug Johnson, Diane Harper and Radford Duckworth, service development. The Sounding Board was charged with the following scope of work: , ■ Review the current public transportation system in the south King County area and its performance. ■ Review the Six -Year Transit Development Plan, including planning assump- tions and community needs for the south subarea. ■ Review and make recommendations for regional, intercommunity and local service in designated communities. ■ Provide recommendations for and participate in community involvement in se- lecting preferred alternatives. ■ Review and make recommendations for rider information and marketing. South King County Sounding Board Recommendation Page 5 Implementation of the South Subarea 1997 Project The South King County Sounding Board met regularly through May, June, July, September and October 1996. During December and January 1997, staff conducted a public outreach effort based on alternatives developed by the Sounding Board. Al- ternatives were published in a tabloid that reached 150,000 south county residents. As a result, about 2,500 community members responded to a survey, and about 300 people expressed their opinions about the proposed changes through phone calls, letters or e-mail. Petitions from existing riders on routes 154, 160 and 163 were re- ceived during this period, objecting to changes in their existing service. Staff and Sounding Board members also participated in six public meetings, several public information tables and a bag lunch meeting at the University of Washington Seattle campus for Route 167 riders. Results of the public outreach were given to the. South King County Sounding Board in March. After review of the public outreach and changes to reflect this information, the final recommendation is respectfully submit- ted in this report, with additional work to be completed for Phase 2 and for future implementation. Consistency with King County's Six -Year Transit Development Plan was para- mount in our decision-making process. These goals were applied to the area of south King County, which includes Algona, Auburn, Black Diamond, Covington, Enum- claw, Federal Way, Kent, Maple Valley, Pacific and the unincorporated areas of southeast King County. South King County Sounding Board Recommendation Page 6 Six -Year Plan Goals Mobility Increasing access to a broader range of travel destinations using public transporta- tion by reconfiguring current service, adding new services and pursuing innovative solutions and partnerships. Market Share Increasing public transportation services for trips within the subarea, while main- taining existing transit services to traditional destinations such as downtown Seat- tle. Additional goals were to increase the use of public transportation for local commute and nonwork trips, primarily within each community through the midday periods. Cost and Efficiency Evaluating existing and new transit services for performance and cost-effectiveness. Combining routes and eliminating unproductive service. Service Objectives 1. Displace the fewest number of riders from existing service patterns. 2. Respond to public support for new service. S. Improve system efficiency by reducing surplus capacity. 4. Maintain frequent service along high-density corridors. 5. Provide single -ride service, without transfers, to as many major destinations as possible. 6. Provide for new service into formerly "unserved" areas. Community Objectives 1. Maximize benefit of existing system and facilities. 2. Improve overall mobility of citizens within each community. 3. Reduce total vehicle congestion along busy corridors. South King County Sounding Board Recommendation Page 7 Issues Sample Network In 1996, before adoption of the Six -Year Transit Development Plan, planners worked with local jurisdictions and the South County Area Transportation Board to formulate a network of services. Although "only a sample," it in fact represented the most current thinking of required changes in the system and received the support of local bodies. The focus of the sample network was on consolidating existing peak -hour routes to Seattle to provide for more efficient services, eliminating some rush-hour routes that run articulated buses within residential areas, creating east -west links within the subarea, providing better intercommunity all -day service and running more fre- quent local routes. The Sounding Board endorsed the principles of the sample net- work and used it as a starting point for its deliberations. Existing Commuters to Seattle This is undoubtedly the most difficult issue we faced. Growth and travel patterns have changed dramatically within the subarea in recent years, with more than half of all work trips remaining within the subarea. Most existing commute routes go to Seattle. Trying to strike a balance of continuing to serve commuters to Seattle with their traditional "one -seat ride," providing for new travel patterns and working within a very limited budget of about 30,000 new hours consumed the majority of our efforts. Phasing of Implementation After public comments were reviewed, it became clear that implementation of wholesale change in September was both impractical because of rider objections and imprudent in the fact that trying to change all but two routes simultaneously was too large a bite for both staff and riders alike. Several proposals resulted in at least 100 signers of petitions to not change their route. These were the 154, 160 and 165. Due to increased employment projections in the Duwamish industrial area, Boeing requested that route consolidation not be made to existing routes 154 and 173. The University of Washington asked that service not be reduced on Route 167, and many e-mails and phone calls were re- ceived from UW employees and students. South King County Sounding Board Recommendation Page 8 The South Sounding Board recommended that changes should occur over two schedule change dates, rather than one. Most relatively uncontroversial changes should occur in September of 1997, while the remaining route con- solidations should undergo further public comment and refinement, with a targeted implementation date ofFebruary of 1998. Consistency with Local .Plans Kent The Kent Transit Advisory Board, with The City of Kent Transportation Depart- ment, has been active in transit issues for several years. Key areas of improvement sought have been for local shuttles (Shopper Shuttle), work trip/commute-trip- reduction service to the Kent industrial area north of the city and improved all -day connections among West Hill, downtown and East Hill. Additional connections be- tween Kent.and Covington, Green River Community College, Boeing Renton and newly annexed areas of Lake Meridian are of high priority. A uburn/Pacifrc/Algona The City of Auburn — including the Mayor's Office and Public Works and Planning departments — has worked throughout the process with the Auburn members of the Sounding Board. Local issues center on commuter rail and station planning efforts, traffic congestion due to increased rail traffic, lack of basic bus service to nearly half the existing residential areas of the city and growth patterns that have exacerbated traffic problems in recent years. Improved transit is seen as critical to maintaining a vibrant, well-functioning transportation system through the city. A major concern is "fairness" in distribution of transit resources to the city, as the area has traditionally been at the bottom of the list for transit improvements and has a lot of catching up to do. Staff and Sounding Board members met jointly with the mayors of Auburn, Algona and Pacific to discuss their transit priorities. Federal Way City Council, city staff, major employers and the Federal Way School District have been involved with the Sounding Board's Federal Way members during this proc- ess. Improved schedules and simplification of services within the city — as well as between Federal Way and other major destinations such as Tacoma and Seattle — are high priorities. Issues include providing for a better functioning all -day system of routes throughout the city, rather than requiring a ride to the Federal Way Transit Center to transfer to other routes. Improvements to existing service to the three public high schools are important to better use assets within the community. Thought was given to providing frequent, all -day service between Federal Way and Kent and between Federal Way and Auburn. Innovative services between transit South King County Sounding Board Recommendation Page 9 agencies and employers, such as Weyerhaeuser, are viewed favorably to maintain progress toward CTR implementation goals. Covington, Black Diamond and Maple Valley Improved service frequency on commute routes (Route 143) and improved all -day connections to Kent and Renton are priority issues. Better use of local vans and providing better connections to retail areas of Covington and Kent rank high in consideration for new service. Staff and Sounding Board representatives met with the Black Diamond City Council to discuss routings, connections and capital projects. Connections to Kent emerged as a priority. Enumclaw The city and members of the Sounding Board desire to increase frequency of service to other major destinations, such as Auburn, Federal Way and Seattle. Local im- provement of service, through expanded Route 915, is desirable to serve the east shopping district of the city. Regional 'Transit Authority Passage of the RTA ballot measure came after the Sounding Board made its final recommendations for the tabloid alternatives. While we were hopeful the measure would pass, the board had to proceed on the assumption that our improvements were to stand alone. Now that commuter rail and regional bus service are a cer- tainty, beginning in late 1999, some of our recommendations must be modified. This is consistent with public opinion received from outreach efforts, as well as current thinking of RTA staff, communicated to Metro staff. Commuter rail will most affect how Kent and Auburn routes focus on connecting with trains and several planned regional trunk bus routes. Federal Way is likewise affected by RTA regional bus routes. Beginning new service that duplicates RTA services is not prudent for only a two- year period. Consolidation of existing routes and better community routes that focus on planned stations is a logical step toward implementation of RTA services. Budget The consensus of the Sounding Board was there were far too few hours of new money available and far too many items on the wish list. "Getting into budget" has been a nearly impossible task from the beginning. Spending 80,000 hours for an area of 300,000 people goes fast, especially when planned savings from elimination of somewhat underused services is met with vocal opposition from riders fearing they South King County Sounding Board Recommendation Page 10 will lose their ride. Those concerns were not unfounded. The existing system of routes and riders has evolved over many years, and any attempts to change those travel patterns is seen as punitive, causing an undue hardship of transferring and/or additional travel time to get to work. The two-phase approach to implementation of service consolidations will have to carefully balance the new services offered for September 1997, with the reality of what is possible in real savings achievable in 1998. For this reason, the recommen- dation presented here is a nearly balanced budget, assuming some less controversial changes to peak -hour, one -seat rides are adopted in Phase 2. Distribution of Operating Funds Funds are now distributed based on the population of the subarea. We also learned that bus routes are funded from the budgets of the sounding board area/planning area in whose area the route starts or ends. The result is that several routes begin- ning in our area (the most distant from Seattle) and serving areas closer to or within Seattle are funded entirely from our area's budget. Thus, our budget is spent fund- ing long-distance routes to downtown Seattle and the University District, leaving little for local service, while intermediate and in -Seattle areas are allowed to use a higher proportion of their funds for local routes. We recommend that a formula be devised that apportions the costs of routes such as the 167 and 174 to all the plan- ning areas served by the respective routes. If disputes about service plans arise be- tween sounding boards, groups representative of the sounding boards involved should be convened to negotiate solutions. Capital Due to the complexities involved in designing a workable service change plan and improving basic services, little time was spent focusing on specific capital issues. It should be stated, however, that the group agreed just putting service on the street was of little value, without providing for safe, comfortable and well -lighted shelters, especially at locations where transfers will be required. Rider Information and Marketing In the Sounding Board's early meetings, some effort went into how the system could be made to be "user friendly." Suggestions included route simplification with more understandable timetable maps at passenger shelters, larger route -number signs on buses and transfer information. An additional meeting is planned to discuss this topic. Marketing of the final product should be widespread throughout the community in advance of and after any changes. We live in an information age, and all the modern tools available should be explored for use in this effort. South King County Sounding Board Recommendation Page 11 Proposed General Service Plan Phase 1. September 1997 Unchanged Routes.- 154, outes. 154, 158, 159, 160, 163, 168, 174, 175, 176, 177, 178, 179, 190, 191, 195, 196, 197, 901 New or Changed Routes The Sounding Board recommends changing Route 150 to terminate the Breda downtown Seattle tunnel buses in Auburn (layover at Denny's). The existing south- east Auburn "tail" would become a new route (Route 151). Routing would be ex- tended and rerouted via F Street to White River Center, using standard coaches. This would provide transit access to more of south Auburn's residential area, which includes low-income housing, and to the White River Center shopping area, which has Albertson's grocery and Bartell's drug stores; the latter is a Metro pass sales outlet. Route 167 would continue to operate between Auburn and the University of Washington. We heard a great deal of opposition to truncating this route. If any budget cuts are made, we propose ending two afternoon turn -back trips at Renton, instead of at Auburn, because of low productivity. The Sounding Board put a high priority on creating a community service network in Auburn, with emphasis on low-income housing, social and medical services, and shopping. Two new routes would be created to replace the current Auburn Dial -A - Ride Transit service on Route 910. A route that we are calling Route 185 would serve northeast Auburn residential areas. Proposed Route 186 would serve the southeast Auburn residential/business areas. Proposed Route 917 would result from changing Route 915 West to operate as a Pacific -Algona shuttle between Auburn and White River Center (30/60). Route 917 would deviate to Boe- ing/General Services Administration during peak periods and other areas on de- mand. We are willing to have all three routes operate every 30 minutes during peak commute hours and hourly during midday and Saturday, although we would even- tually like half-hour midday service. The Sounding Board put a high priority on increasing the frequency of Route 181, which runs hourly from Federal Way through Auburn to Green River Community College. In Federal Way, we propose a new routing via 20th Avenue South and South 336th Street, connecting with Weyerhaeuser Way. In Auburn, the routing would be modified out Main Street, would pass (rather than enter) the Green River South King County Sounding Board Recommendation Page 12 Community College campus and would continue to the Lake Meridian park-and-ride lot. While the adopted plan delays frequency increases to 1998, the routing change was recommended for September to coincide with the beginning of the school year at the college. The Sounding Board believes these changes, including the Lake Me- ridian extension, are essential to the integrity of our core system. When budget becomes available, the Sounding Board recommends expanding serv- ice on Route 153 between Renton and Kent via the Green River Valley industrial area from peak only to all day (30/60). Besides serving the industrial area, this change also would provide service to residential and social service areas on Central Avenue North in Kent. This change also would improve the efficiency of Route 18S by enabling through -routing. We propose deleting Route 162 service to Scenic Hill because of low ridership, but we support maintaining service between downtown Seattle and Kent on this peak route. We recommend changing Route 164 to end on Kent East Hill. The portion that now extends to Green River Community College would be replaced by Route 181. The Sounding Board recommends adding a new east -west connection between Fed- eral Way and Kent (proposed Route 183). This new route would be through -routed with Route 153, which runs from Renton to Kent, and would serve the Kent, Star Lake and Federal Way park-and-ride lots. In the Federal Way area, this new route would replace Route 902 and the tail of Route 192. It would operate Monday through Saturday, every 30 minutes during peak periods and every 60 minutes during the midday and on Saturday. Kent will gain increased community service with the addition of Route 914 (expanded Shopper Shuttle) to operate between downtown Kent and Kent East Hill business and residential areas. Route 914 would replace Kent's current DART service, Route 916. We heard enough opposition from riders and The Boeing Co. to drop the idea of consolidating routes 154 and 173 to the Duwamish industrial area. We. propose no changes in Route 154 but would consider changing Route 173 to reduce one morn- ing trip. In Federal Way, we propose changing the local segment of Route 194 to operate via Ninth Avenue South between South 336th and 348th streets, serving the South King County Multi -Service Center, St. Francis Hospital, Klahanee Senior Center and major employers (30/30). A rerouting of Route 903 would avoid duplication with revised routes 181 and 194, and would provide all -day coverage for the seg- ment of First Avenue South between South 320th and South 336th streets. South King County Sounding Board Recommendation Page 13 In the Maple Valley area, we propose changing Route 143 to add one later trip in the afternoon. When safety and capital concerns can be addressed, we would like this route extended south to Four Corners. In response to public comment, we pro- pose more of an express service on this route. We also recommend keeping all -day Route 912 between Renton and Maple Valley. The tabloid had proposed a trade-off between the all -day service and increased service on peak Route 143. We want to add a new circulator route serving Covington, Black Diamond and Four Corners, running in an hourly loop. This route would be similar to the Route 914 Shopper Shuttle on Kent's East Hill and would be served by the reallocation of one of the two existing vans on. Route 912. We propose implementation in Septem- ber. We propose cutting one morning and one afternoon Route 152 trip between Auburn and Enumclaw, and replacing them with increased service on Route 915. Direct service between Enumclaw and Seattle should be retained, at least until commuter rail service begins. Route 915 would operate between Enumclaw and the Auburn Transit Center with service improved to 90 -minute headways. We propose extending the route to the east Enumclaw shopping area near Safeway as a fixed route, rather than operating dial -a -ride service. We propose later service in the evening, serving the residential area between Enumclaw and Auburn. Weekend service on Route 915 would replace current service on Route 913. Phase 2. February 1998 Route changes, additions and deletions are preliminary in nature and subject to furtherpublic comment, before final recommendations. Unchanged Routes; 190, 195, 196, 197 Changed Routes We propose converting Route 158 into a new peak route serving Lake Meridian, Kent Transit Center and Seattle. We propose combining routes 159 and 168 to serve Kent Transit Center, East Hill, Covington and Four Corners. Extension of these routes would provide access between Kent and the rapidly growing area around Maple Valley, Four Corners and Black Diamond, as well as connections with Route 912 and the new Four Corners circulator route. On Kent's East Hill, we propose combining routes 160 and 163 to begin at the Lake Meridian park-and-ride lot, following the existing Route 160 routing to Kent South King County Sounding Board Recommendation Page 14 Boeing, Tukwila and Seattle. Route 168 riders would use Route 169 to Renton, or make a timed transfer to Route 160 at Panther Lake. Service on the combined route would continue to downtown Seattle, in response to rider objections about transfer- ring. We propose no changes in Route 174 between Federal Way and Sea -Tac Airport. North of the airport, we propose changing Route 174 to cut four of nine turn -back trips between Sea -Tac and Seattle. Changes in Federal Way Goals. The Federal Way caucus considered its major goals to be: 1. Improve commuting service to employers within Federal Way. Dependability is the key to reaching this goal. 2. Improve all -day service to activity centers within Federal Way. More frequent service and direct connections are the keys to reaching this goal. S. Improve service to the public high schools and the community colleges in the area. Dependability and frequency are important for this goal. 4. Maintain service for commuters to other cities. Maintaining as many one -seat rides as possible and serving bus stops now used are important for this goal. 5. Increase cross-county/intercity service. Adding a route to Kent and increasing the frequency of the route to Auburn are the keys to this goal. Proposed service network for Federal Way. To reach these goals, we propose: ■ For dependability: Eliminate DART service in Federal Way due to the diffi- culty in keeping on schedule. The immediate beneficiaries would be commuters both within town and those trying to connect to other routes. Dependable serv- ice would improve all -day travel within town, too. Some people who truly re- quire door-to-door service could qualify for ACCESS service. ■ For connectivity: Replace the loop routes with a grid system that intersects at major activity centers. A grid would end the need to go to the 320th Street park- and-ride lot to transfer to all other -routes. The grid system would straighten the east -west routes as much as possible and create north -south routes along 21st Avenue Southwest, most of First Avenue and a portion of Ninth Avenue South. Route 174 on Pacific Highway would be kept as is and form the easternmost north -south line. ■ For frequency: Grid routes would run every 30 minutes most of the time, and the Federal Way -Auburn Route 181 would increase to every 30 minutes. To achieve this frequency on the local all -day network, we need to do some peak - route consolidation; our recommendation is to eliminate some runs of Route 177. South King County Sounding Board Recommendation Page 15 ■ To maintain current service levels: Keep as many one -seat rides as possible for riders to Seattle. During peak travel times, many grid routes would extend all the way to Seattle. Most bus stops riders now use during peak hours would be served by buses going to Seattle during peak hours and by local grid routes at other times. ■ For new intercity service: Create a new Federal Way -Kent route by combining portions of routes 192 and 902 into a two-way route that runs between the 320th park-and-ride lot and the Kent park-and-ride lot. ■ For improved service to educational sites: The grid system running in both directions on major streets every 30 minutes would (a) increase service past De- catur High School from once an hour on a one-way loop to every 30 minutes in each direction along Southwest 320th Street and along 21st Avenue Southwest; (b) increase service to Thomas Jefferson High School from twice an hour on a one-way loop connecting only to the 320th park-and-ride lot to twice an hour in each direction during peak periods and hourly midday along 288th Street, with direct connections to points north as well as south, (c) change service to Federal Way High School along the east -west axis from twice an hour on a one-way loop connecting only at the 320th Street park-and-ride lot to hourly in each direction with connections at 21st Avenue Southwest as well as the 320th Street park- and-ride lot (north -south routes along Pacific Highway South would be contin- ued at least every 30 minutes); and (d) change service so the Federal Way branch of Highline Community College, now served only by a DART route, would be served by a grid route running every 30 minutes in each direction past the door. Connections to the main campus of Highline Community College in Des Moines would be maintained. Green River Community College service via Route 181 would have increased weekday frequency. Additional Public Outreach We recommend going to the public again with the latest version of a grid system due to major changes proposed since the last opportunity for public comment. If the grid system receives a positive response, then implementation would occur at the next service change date (February 1998). South King County Sounding Board Recommendation Page 16 Priorities for Future Transit Service /ntercommunity Route Priorities 1. Add an all -day route between the Kent park-and-ride lot and Sea -Tac Airport, extending to Burien. The route should receive a high priority. 2. Implement cross -county service from Puyallup to Auburn, Kent, Renton and Bellevue. RTA trunk bus service along this corridor is an unmet need in the Six - Year Plan and should be placed high on the priority list. 3. Make early implementation of service from Federal Way and Renton to Eastside employment areas a high priority. 4. Increase service coverage and frequency between Kent, Auburn and areas of Covington, Black Diamond, Enumclaw, southeast King County and northeast Pierce County. Kent Priorities 1. Add shopper shuttles in Kent growth areas to provide for universal access to all residents. 2. Extend shuttle hours to include peak commute periods, a minimum of 12 hours per day. That will enable all Kent residents to reach jobs and conduct daily busi- ness without need for an automobile. Provide local schools, shopping, recreation and medical facilities with universal access to intercity and regional transit routes, including commuter rail. Auburn/A/gonaMacific Priorities 1. Extend peak -hour service to Lakeland Hills residential areas. 2. Increase frequency of Auburn, Pacific and Algona circulator routes to 30 min- utes in the midday. 3. Evaluate routing changes for Seattle express Route 152 to reduce travel time and increase schedule dependability. This may result in using newly completed high -occupancy -vehicle lanes on State Route 167. 4. Implement bi-directional express service to Seattle during midday periods, when RTA commuter rail service is not operating. South King County Sounding Board Recommendation Page 17 Federal Way Priorities The Federal Way caucus' recommendations for future consideration (after February 1998) in priority order: 1. Bring all local routes up to 30 -minute service. 2. Create an east -west route along 356th Street from 21st Avenue Southwest to Pacific Highway. 3. Extend service along First Avenue as far north and south as possible. 4. Add service east of Interstate 5 and south of 320th Street South. 5. Provide a route along most of Military Road. 6. Provide a route along 51st Avenue South 7. Create a commuter shuttle to cover any employers not served by the grid. 8. Extend service on Dash Point Road.. 9. Create a shopper shuttle for major shopping centers. 10. Create a shuttle to the World Vision area. . I -a-1--l'. tt- South ...,...._.,..l..t..- South King County 1997 service change: a comparison of Sounding Board and staff recommendations The South King County Sounding Board and Metro Transit staff agreed to defer some of the service changes originally proposed for September 1997. The Sounding Board's position on this delay is: The South Sounding Board recommended that changes should occur over two schedule change dates, rather than one. Most relatively uncontroversial changes should occur in September of 1997, while the remaining route consolidations should undergo further public comment and refinement, with a targeted implementation date of February of 1998. Staff concurs with the Sounding Board's recommendation for September 1997, with a few exceptions noted below, and with implementing the remainder of the changes in 1998. For the 1997 service changes, the Sounding Board and staff proposals differ on three main points: • Green River Community College service. The Sounding Board recommends extending Route 181 north to Lake Meridian park-and-ride lot and truncating Route 164 at the same location. The staff proposal would leave these two route termini as currently exist, but would reconsider with the 1998 service change. Four Corners circulator. The Sounding Board recommends proceeding with a new circulator route connecting Black Diamond, Four Corners, Maple Valley and Covington. Staff recommends delaying implementation until 1998, when the remainder of the Covington -area service changes.are made. Federal Way routing. The Sounding Board recommends running Route 903 directly down First Avenue South without deviation. Sounding Board members think the deviation would make it harder to create a grid system in 1998. Staff proposed the deviation to serve several employment sites that fall under the state's Commute Trip Reduction law. This handout contains a route -by -route comparison of the Sounding Board and staff recommendations for the September 1997 service change. In some cases, recommended changes do not meet the threshold for inclusion in the ordinance package and are listed for informational purposes. An example would be Route 143, where Sounding Board and staff concur that an additional afternoon run should be added, but this change does not require ordinance action. 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O �� O U Q) O >' (3 =� N >, M m sE S: cu) C a) .. p =Q W E a0 L (D co a) O C O O pcu p L O (n U (D CL 0 a) W N m Y ZL— r� (n r (D 1- � O D7 U C N c4 = ca Y (D N N U �- } O fC ,L c M D Metropolitan King County Council Transportation Committee AGENDA ITEM: 3 PROPOSED No. 97-209 STAFF REPORT DATE: April 1, 1997 PREPARED BY: Arthur Thornbury SUBJECT: Executive -Proposed September 1997 Transit Service Changes SUMMARY: Following the overview that it received at its March 18" meeting, today the Committee will hear a more detailed description of the proposed changes which were transmitted by the Executive on March 27th. Three sub- areas of the County, the Eastside,-Central/SE Seattle and South King County are affected by the proposals which continue implementation of the Six -Year Transit Development Plan adopted in December 1995 (map attached). The new service subsidy level identified in the Six -Year Plan for 1997-1998 is $13.1 million of which $1.4 million was expended for the North King County June 1997 package. The service revisions in Proposed Ordinance 97-209 would use another $3.5 million in annual service subsidy leaving $8.2 million to be allocated in 1998. The final phases of Six -Year Plan implementation, between 1999 and 2001, will allocate $1.9 million. The Six -Year Plan contains the policy framework for improving and restructuring the transit network. The plan's Service Strategies, which guided development of this package of proposed service revisions are summarized below: SUMMARY OF SIX-YEAR PLAN SERVICE STRATEGIES S-1 Improve efficiency in major transit corridors to free -up resources for reinvestment with the sub -area to achieve plan objectives S-2 Improve frequencies on a core network of routes S-3 Expand community mobility options through a combination of flexible and fixed -route services connecting to "core network" routes S-4 Improve commuter access to employment centers outside the Seattle CBD with traditional and non-traditional transit products and reverse -commute service S-5 Improve inter -county connections in partnership with Community Transit and Pierce Transit S-6 Improve access to regional inter -modal passenger facilities in partnership with other operators such as the State Ferry Agency S-7 Address the mobility needs of students on a par with other rider groups with student transit expenses reimbursed by participating school districts One measure of the extent to which the proposed service revisions carry out the Six -Year Plan is the increase in frequencies in the core network referenced in S-2 above. Strategy S-2 is accompanied in the Six -Year Plan by a table of target frequencies for Fifty travel corridors. Fourteen corridors affected by these proposed revisions are listed below. SIX-YEAR TRANSIT DEVELOPMENT PLAN Eastside Core Network Conner-tionc From To Primary Corridor Target Frequency (year 2001) Proposed Frequency Bellevue Eastgate Lake Hills Connector -148" Ave. SE 15%30/30 15/30/60 Bellevue Redmond NE 8' via Crossroads/ Overlake 15/15/30 2 routes with 30/30/60 frequencies Bellevue Seattle CBD 1 -90 -Bellevue Way 7-10/15/30 15/15/30 Bellevue U -District SR 520 15/15/30 15/30/60 Eastgate Redmond 148" Ave. SE & NE 30/30/ - 10/10/30 Issaquah Bellevue 1 -90 -Bellevue Way NE 15/30/60 30/30/60 current service (#221) eliminated; new route (#222) connects Eastgate to Overlake but does not extend in to Redmond CBD SIX-YEAR TRANSIT DEVELOPMENT PLAN Central/Southeast Seattle Core Network Connections From To Primary Corridor Target Frequency Proposed (year 2001) Frequency Beacon Hill Seattle CBD Beacon Ave. S 10/10/30 10/10/30 Central Seattle CBD Jefferson -James 7-8/7-8/7-8 10/10/15* Area Rainier Seattle CBD Rainier Ave. S 10/10/30 10/10/30 Beach U -District International Broadway E -S Jackson 12/15/30 30/30/-* District * current Route 4 frequency * * current Route 9 frequency 2 SIX-YEAR TRANSIT DEVELOPMENT PLAN South Kino Countv Core Network Connections From To Primary Corridor Target Frequency (year 2001) Proposed Frequency Federal Way Auburn via Supermall 30/30/30 30/30/60 Federal Way Seattle CBD SR 99 15/15/30 30/30/30* Federal Way Seattle CBD 1-5 via SeaTac Airport 30/30/30 30/30/30 Kent Seattle CBD 1-5 & W. Valley Hwy. via Southcenter 15/15/30 15/30/30 * current Route 174 frequency ATTACHMENTS: 1. Proposed Ordinance 97-209 a?. Sub -areas map 3• Notification, posted on affected routes 3/27-28/97 A4. Letter from Rick Pusateri, Board Member, Greater Redmond Transportation Assn., dated 3/13/97 �. Letter from Nancy McCormick, Chair, Eastside Transportation Partnership, dated 3/21/97 Letter from Ron Smith, Mayor, City of Bellevue, dated 3/19/97 ATTENDING: Eric Gleason, Supervisor, Service Implementation Group, Transit Division Betty Gulledge, Supervisor, Community Relations and Communications, KCDOT Betty Aman, South King County Sounding Board Member Suzanne Gillette, South King County Sounding Board Member Hank Myers, Eastside Sounding Board Member Wendy Aman, Eastside Sounding Board Member Charlie Hamilton, Central/SE Seattle Sounding Board Member Bill Bryant, Central/SE Seattle Sounding Board Member 3 1 2 3 4 5 6 7 8 9 10 March 10, 1997 Introduced By: Proposed No.: ROB MCKENNA 97-209 ORDINANCE NO. AN ORDINANCE for the September 1997 public transportation service improvements for King County. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. The September 1997 public transportation service improvements for King County, substantially as described in Exhibits A, B, and C attached hereto, are hereby approved. SECTION 2. These public transportation service improvements will be implemented during September 1997, except as otherwise specified in the exhibits, pursuant to King County Code 28.94.020. -1-N A TT.A !`LIl►i!L`XTT 1 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 INTRODUCED AND READ for the first time this qday of 19J-1? PASSED by a vote of _ to _ on this day of ATTEST: Clerk of the Council APPROVED this KING COUNTY COUNCIL KING COUNTY, WASHINGTON Chair day of , 19_ King County Executive Attachments: Exhibit A - September 1997 East King County Transit Service Improvements Exhibit B - September 1997 Central and Southeast Seattle Transit Service Improvements Exhibit C - September 1997 South King County Transit Service Improvements it Exhibit A September 1997 East Ring County Service Changes EAST AREA SERVICE CHANGES ROUTES: 201, 202, 203 and 204 (New) 1. Improve efficiency in the existing system by eliminating low ridership Route 201, and reinvesting the resources throughout the East subarea (Consistent with Strategy S- 1, Six -Year Plan). 2. Consolidate existing local service into one more frequent, local community route that will operate every 30 minutes, and allow users to access regional services at the Mercer Island Park and Ride lot (Consistent with Strategies S-1 and S-3, Six -Year Plan). Central Mercer Island, west Mercer Island, north Mercer Island and downtown Seattle. 1. Route 202 peak period direct service to Seattle operates in the peak direction only. One fewer a.m. trip is provided. 2. Portions of Routes 202 and 203 are replaced by Route 204. Route 204 provides local shuttle service between the south island QFC Village shopping center Park and Ride lot, the north Mercer Island Park and Ride lot, and other north island destinations. This route operates every 30 minutes from approximately 8 a.m. to 7 p.m. Monday through Saturday, and from approximately 10 a.m to 6 p.m. on Sunday. The east portion of the route would also operate supplemental peak period service from approximately 6 a.m. to 8 a.m. 3. Routes 201 and 203 are deleted. e_i SOUTH KING COUNTY 1997 PROJECT AREA SERVICE CHANGES ROUTES: 150, 151 (New) 1. Streamline a major intercommunity trunk route serving Auburn, Kent, Tukwila, and downtown Seattle by ending it at a major activity center rather than in the Southeast Auburn residential neighborhood (Consistent with Strategy S-3,.Six- Year Plan). 2. Provide a new local route serving South Auburn, operating along a revised routing which provides additional neighborhood coverage (Consistent with Strategy S-3, Six -Year Plan). 3. Reduce the operation of large buses in residential neighborhoods (Consistent with Strategy S-3, Six -Year Plan). 4. Provide a connection between these routes in downtown Auburn - (Consistent with Strategy S-6 and C-1). Auburn 1. Revise Route 150 to terminate in downtown Auburn rather than at 27th ST.SE. and D ST.SE. in South Auburn. Maintain frequency for approximately the same time periods as currently provided. 2. New Route 151 would provide replacement coverage in South Auburn, operating along a revised routing between the downtown Auburn transit hub and a new terminal located at 41st ST.SE. and A ST.E. adjacent to the White River Shopping Center. The level and span of service on Route 151 would approximately match the existing level and span provided by Route 150 in South Auburn, with Service provided weekdays, Saturdays, and Sundays about every 30 minutes days and evenings, with late evenings at hourly frequency. F � f Route Continues Re t n to Downtown Seattle t / i Tukwil N O 9 Q ` d m 1-5 o' S D m m` D h y 167 m ea 212th St _ � N l O N Kent " 3 TransitKent < Center m N St m SP 5�6 i t czF e I-5 0 I nrKa / '40 t t 167 f� Aubum P&R Aubur �� P N Transit D Cente ` Auburn I t J I • d' r Route 150 - Revised Routing Effective with this Change Qr\1 ifn i r -i _ Idle.■. m•m-m-m•m• Deleted Routing SOUTH KING COUNTY 1997 PROJECT AREA SERVICE CHANGES ROUTE: 162 1. Improve efficiency in the existing system of peak period commuter routes operating between the Kent area and downtown Seattle (Consistent with Strategy S-2, Six -Year Plan). Kent Scenic Hill. 1. Delete the segment of Route 162 operating through Kent between Scenic Hill and the Kent Transit Center. 2. Route 162 service would continue to operate between the Kent Transit Center and downtown Seattle with approximately the same number of trips. Route 162 Routing Effective with this Change SOUTH KING COUNTY 1997 PROJECT AREA SERVICE CHANGES ROUTE: 181 1. Increase service frequency on a major east -west corridor in South King County (Consistent with the highest priority of the subregional group, South County Area Transportation Board, and with Strategy S-2, Six -Year Plan). 2. Re -align several segments of the route to provide improved service to local neighborhoods in Federal Way and Auburn (Consistent with Strategy S-3, Six -Year Plan). Auburn, Federal Way SERVICE CHANGE: 1. Improve weekday peak and midday frequencies to every 30 minutes. 2. Streamline the routing in downtown Auburn to better serve the 1st and B ST. transit hub. 3. Revise service in Federal Way to operate along 20th Ave.S. and S.336th ST. rather than Weyerhaeuser Way. In Auburn, service would be revised to operate along E. Main ST. and R ST. rather than 4th ST. and M ST. Z+ m Of C cit L U N L_ L_ �3 m > rn - c o `w cC rn ' o c m Q o d m CL 0 Z T— oo oo T O evo SOUTH KING COUNTY 1997 PROJECT AREA SERVICE CHANGES ROUTE: 183 (New), 192, 902 1. Provide new two-way all day east -west service between Federal Way and Kent (Consistent with the highest priority of the subregional group, South County Area Transportation Board, and with Strategy S-3, Six -Year Plan). 2. Provide more service connecting south King County residential areas to major job locations within south King County by through -routing the new Federal Way/Kent service with the existing Route 153 serving northeast Kent industrial and residential areas and Renton. (Consistent with Strategy S-4, Six -Year Plan). 3. Consolidate peak neighborhood service into all day neighborhood service, connecting to peak trunk routes and increasing coverage providing access to peak routes. (Consistent with Strategy S-1, Six -Year Plan) 4. Attract new ridership by simplifying the service and providing new destinations through changing one-way loop service into two-way service between two major south King County activity centers (Consistent with Strategy S-3, Six -Year Plan). Unincorporated Camelot and Star Lake neighborhoods northeast of Federal way. 1. Route.183 is a new route that will operate between the Federal Way Transit Center and Kent Transit Center. Service will operate for approximately 12 hours per weekday, and for approximately 8 hours on Saturday. Service levels will be every 30 minutes for approximately 3 hours, and 60 minutes for all other times. 2. Route 192 will be revised to operate beginning at the Star Lake Park and Ride, then continue on its current routing. The southern portion between 320th and 272nd Streets will be replaced by new Route 183. 3. Route 902 will be deleted and for most of the route replaced with new Route 183. Service is deleted between 288th ST. and 298th ST. on Military Road. Route 183 - New Route Routing Effective with this Change N (Replaces Route 902) .......... Deleted Routing —�� New Routing CD ' me St Ken 1.5 P Tr Cent r SR5A6 N S> van 979 (zt a. 277th St d N / Y m $ � N J7m S i9W SI < N FeCerat Way S31 ansit Center it z F �m St Cn D CDCD > S I.S Route 183 - New Route Routing Effective with this Change N (Replaces Route 902) .......... Deleted Routing —�� New Routing Houte 192 Route Continues D to Downtown Sea z 7 L y B - N S i Tukwil Sea -Tac o Np AirportCx ; m 0 i F s th St — 167 �a 212th St i 181 - Kent Kent -Des Marys A P&R D Puget ` me St m Sound D m to 5,e sa M5 , 3 i X 'ttf 27 r � - i _ 0.0 � fWwY R SZI 3201h S f f, t N D Houte 192 SOUTH KING COUNTY 1997 PROJECT AREA SERVICE CHANGES ROUTES: 185 (New), 186 (New), 910, 917 (New) 1. Improve community mobility throughout the greater Auburn area with the introduction of new circulator routes operated by small transit vehicles (Consistent with Strategy S-3, Six -Year Plan). 2. Provide an improved connection between local Auburn area service, intercommunity, and regional service at the downtown Auburn transit center (Consistent with Strategy S-3, Six -Year Plan) 3. Improve transit access to local employment sites, schools, and social services (Consistent with Strategy S-3, Six -Year Plan). 4. New local routes would replace Auburn area DART service. IMPACT D SERVICE AREAS: Auburn, Algona, Pacific. SERVTCR CHANGE: 1. New Route 185 would operate as a transit van along a one-way loop through North Auburn, to/from the downtown transit center. The route would operate every 30 minutes during weekday peak periods and every 60 minutes in the midday and on Saturday from about 9 a.m. to 5 p.m. 2. New Route 186 would operate as a transit van along a one-way loop through Southeast Auburn, to/from the downtown transit center. -The route would operate every 30 minutes during weekday peak periods and every 60 minutes in the midday and on Saturday from about 9 a.m. to 5 p.m. 3. New Route 917 would operate as a subcontracted van, serving Algona, Pacific, and Auburn. The route will provide fixed route -deviation (DART) service along a two-way routing through Algona and Pacific, between downtown Auburn and the White River Center in South Auburn. Peak period service would also be provided to the GSA/Social Security facilities in Southwest Auburn. For approximately two hours in the morning and two hours in the afternoon, 30 minute service levels would be provided during the hours of peak start -quit times at businesses in the area. Hourly service levels would be provided at all other times, including Saturday from about 9 a.m. to 5 p.m. 4. Existing Route 910 (DART) would be deleted as new routes 185, 186, and 917 provide replacement service. r— r Y i.-4-- —7f— u) 37th I cn S 2961h St 167 FT 7-1- Aubum N Municipal Airport 0 L S Ist st 1 J -4 l nda vd 0, A Peak Period Semce to GSA/Social security 167 J 17 St Av I J 7, > > m t th st h st I_ -rJ I• j I AUBURN \ � I --Uld St SE Route 917 - New Route N Route 186 - New Route Route 185 - New Route. Route 910 - Deleted nART.qprvirp SOUTH KING COUNTY 1997 PROJECT AREA SERVICE CHANGES 1. Revise routing to provide improved fixed route service to Federal Way neighborhoods and employment sites on 1st Ave.S. (Consistent with Strategy S-3, Six -Year Plan). 2. Streamline the DART service area to provide efficient service and improve on-time performance (Consistent with Strategy S-3, Six -Year Plan). IMPACTED SERVICE R .A: Federal Way SERVTCR H N , .: 1. Revise Route 903 to operate along S.320th and 1st Ave.S. rather than on 20th Ave.S. and S.336th ST., when operating between the Federal Way Transit Center and West Federal Way. 2. Revise the 903 DART service boundary to no longer include the areas east of Pacific HWY.S/9th Ave.S. and west of 21 Ave.SW. Route 903 N Routing Effective with this Change .......... Deleted Routing New Routing Deleted DART Area DART Area Effective with this Change SOUTH KING COUNTY 1997 PROJECT AREA SERVICE CHANGES BOUTS: 913, 915E, 915 1. Provide new local service within Enumclaw, providing access to shopping areas on the east side of downtown (Consistent with Strategy S-3, Six -Year Plan). 2. Improve the level of service within Enumclaw and along Auburn Way South, and connecting Enumclaw with the Auburn Transit Center by increasing frequency and extending service later in the evening (Consistent with Strategy S-3, Six -Year Plan). 3. Delete existing low productivity service in order to concentrate resources on improvements requested by area residents (Consistent with Strategy S-1 and S-3, Six -Year Plan) . Southeastern Auburn along Auburn Way, Enumclaw, and the unincorporated and tribal areas along highway 164. 6-tai:Z�I(�i�i:i��Ct7 1. Route 915E will be split from 915W and become Route 915 serving the areas along Auburn Way S. and HWY.164 between the Auburn Transit Center and the eastern shopping area in Enumclaw. Service will be extended from its current terminal next to the Enumclaw City Hall to the east shopping center on HWY.410 west of 276th Ave.SE. 2. Delete Route 913, a weekend only route connecting Enumclaw and Auburn, and Auburn and Federal Way. Service is replaced by Routes 915 and 181. 3. Level of service between Auburn and Enumclaw will be increased to approximately every 90 minutes, seven days a week. 4. Service between Auburn and Enumclaw will extend later on weekdays to approximately 9 p.m., will operate on Saturday from about 9:30 a.m. to 9 p.m., and on Sunday with approximately the same span as Route 913 provides currently. r— Ce 'i 6g� x. 264m Aw E V E � c 4 I W • c m - `s 3 � P a� c`0 I c Y 4 J F� L Q V CL • c • rn -e • Q 06 Q si w e •LQ e ZIai _m 3 m SR 161 qU� a m LL ,Ns SOUTH KING COUNTY PROJECT AREA SERVICE CHANGES ROUTES: 914 (New), 916 1. Operate an expanded "Kent Shopper Shuttle" as a Metro subcontracted DART route, serving greater downtown Kent and a portion of the Kent East Hill (Consistent with Strategy S-3, Six -Year Plan). 2. The new fixed route -deviation service replaces existing area - wide DART service (Consistent with Strategy S-3, Six -Year Plan). Kent, Kent East Hill. SERVICE AN , .: 1. The City of Kent would contract with King County/Metro to assume operation an expanded Kent Shopper Shuttle (effective May 31st 1997). 2. The expanded route would provide fixed route -deviation (DART) service along an extended routing serving greater downtown Kent and portions of the Kent East Hill, operating from about 9 a.m. - 5 p.m., Monday through Saturday. 3. The expanded Route 914 (Kent Shopper Shuttle) provides replacement service for DART Route 916, which is deleted. mouie y14 - New Houte N (Replaces Deleted DART Route 916 Routing Effective with this Change Deleted DART Route 916 DART Area Effective with this Change el.